Owner indication of interest in property; presumption of
abandonment
Sec. 20. (a) For purposes of this section, an indication of interest
in the property by the owner:
(1) does not include a communication with an owner by an
agent of the holder who has not identified in writing the
property to the owner; and
(2) includes the following:
(A) With respect to an account or underlying shares of stock
or other interest in a business association or financial
organization:
(i) the cashing of a dividend check or other instrument of
payment received; or
(ii) evidence that the distribution has been received if the
distribution was made by electronic or similar means.
(B) A deposit to or withdrawal from a bank account.
(C) The payment of a premium with respect to a property
interest in an insurance policy.
(D) The mailing of any correspondence in writing from a
financial institution to the owner, including:
(i) a statement;
(ii) a report of interest paid or credited; or
(iii) any other written advice;
relating to a demand, savings, or matured time deposit
account, including a deposit account that is automatically
renewable, or any other account or other property the owner
has with the financial institution if the correspondence is not
returned to the financial institution for nondelivery.
(E) Any activity by the owner that concerns:
(i) another demand, savings, or matured time deposit
account or other account that the owner has with a
financial institution, including any activity by the owner
that results in an increase or decrease in the amount of any
other account; or
(ii) any other relationship with the financial institution,
including the payment of any amounts due on a loan;
if the mailing address for the owner contained in the
financial institution's books and records is the same for both
an inactive account and for a related account.
(b) The application of an automatic premium loan provision or
other nonforfeiture provision contained in an insurance policy does
not prevent the policy from maturing or terminating if the insured has
died or the insured or the beneficiary of the policy otherwise has
become entitled to the proceeds before the depletion of the cash
surrender value of the policy by the application of those provisions.
(c) Property that is held, issued, or owed in the ordinary course of
a holder's business is presumed abandoned if the owner or apparent
owner has not communicated in writing with the holder concerning
the property or has not otherwise given an indication of interest in
the property during the following times:
(1) For traveler's checks, fifteen (15) years after issuance.
(2) For money orders, seven (7) years after issuance.
(3) For consumer credits, three (3) years after the credit
becomes payable.
(4) For amounts owed by an insurer on a life or an endowment
insurance policy or an annuity contract:
(A) if the policy or contract has matured or terminated, three
(3) years after the obligation to pay arose; or
(B) if the policy or contract is payable upon proof of death,
three (3) years after the insured has attained, or would have
attained if living, the limiting age under the mortality table
on which the reserve is based.
(5) For property distributable by a business association in a
course of dissolution, one (1) year after the property becomes
distributable.
(6) For property or proceeds held by a court or a court clerk,
five (5) years after the property or proceeds become
distributable. The property or proceeds must be treated as
unclaimed property under IC 32-34-3.
(7) For property held by a state or other government,
governmental subdivision or agency, or public corporation or
other public authority, one (1) year after the property becomes
distributable.
(8) For compensation for personal services, one (1) year after
the compensation becomes payable.
(9) For deposits and refunds held for subscribers by utilities,
one (1) year after the deposits or refunds became payable.
(10) For stock, dividends, profits, distributions, interest,
redemption, payments on principal, or any other sum held or
owed by a business association for or to a shareholder,
certificate holder, member, bondholder, or other security
holders of the business association, or other interest in a
business association, three (3) years after the earlier of:
(A) the date of the last dividend, stock split, or other
distribution unclaimed by the apparent owner; or
(B) the date of the second mailing of a statement of account
or other notification or communication that was:
(i) returned as undeliverable; or
(ii) made after the holder discontinued mailings to the
apparent owner.
(11) For property in an individual retirement account or another
account or plan that is qualified for tax deferral under the
Internal Revenue Code, three (3) years after the earliest of:
(A) the actual date of the distribution or attempted
distribution;
(B) the distribution date as stated in the plan or trust
agreement governing the plan; or
(C) the date specified in the Internal Revenue Code by which
distribution must begin in order to avoid a tax penalty.
(12) For a demand, savings, or matured time deposit, including
a deposit that is automatically renewable, five (5) years after
maturity or five (5) years after the date of the last indication by
the owner of interest in the property, whichever is earlier.
Property that is automatically renewable is considered matured
for purposes of this section upon the expiration of its initial
period, unless the owner has consented to a renewal at or about
the time of the renewal and the consent is in writing or is
evidenced by a memorandum or other record on file with the
holder.
(13) For property payable or distributable in the course of a
demutualization, rehabilitation, or related reorganization of a
mutual insurance company, five (5) years after the earlier of:
(A) the date of last contact with the policyholder; or
(B) the date the property became payable or distributable.
(14) For all other property, the earlier of five (5) years after:
(A) the owner's right to demand the property; or
(B) the obligation to pay or distribute the property;
arose.
(d) Property is payable or distributed for purposes of this chapter
notwithstanding the owner's failure to make demand or present an
instrument or a document otherwise required to receive payment.
As added by P.L.2-2002, SEC.19. Amended by P.L.107-2003, SEC.2;
P.L.224-2003, SEC.113; P.L.97-2004, SEC.109; P.L.85-2005,
SEC.1.
Last modified: May 24, 2006