Sec. 3-57a. Property held by banking or financial organization presumed abandoned, when.
Sec. 3-57a. Property held by banking or financial organization presumed
abandoned, when. (a) The following property held or owing by a banking or financial
organization is presumed abandoned unless the owner thereof is known to be living by
an officer of such organization:
(1) Any demand or savings deposit made in this state with a banking organization,
together with any interest or dividend thereon, excluding any charges that lawfully may
be withheld, unless the owner has, within three years: (A) Increased or decreased the
amount of the deposit, or presented the passbook or other similar evidence of the deposit
for the crediting of interest; or (B) corresponded in writing with the banking organization
concerning the deposit; or (C) otherwise indicated an interest in the deposit as evidenced
by (i) a memorandum on file with the banking organization or (ii) the fact that the Internal
Revenue Service Form 1099 sent from the banking organization to the owner is not
returned to the banking organization by the United States Postal Service.
(2) Any matured time deposit made in this state with a banking organization, together with any interest or dividend thereon, excluding any charges that lawfully may
be withheld, unless, within three years or, if the terms of the deposit account contract
provide that the time deposit will be renewed unless the banking institution receives
instructions to the contrary from the owner, within three years plus such additional time
as is necessary to allow the renewed time deposit to reach maturity, the owner has: (A)
Increased or decreased the amount of the deposit, or presented the passbook or other
similar evidence of the deposit for the crediting of interest, or (B) corresponded in writing
with the banking organization concerning the deposit, or (C) otherwise indicated an
interest in the deposit as evidenced by (i) a memorandum on file with the banking
organization or (ii) the fact that the Internal Revenue Service Form 1099 sent from the
banking organization to the owner is not returned to the banking organization by the
United States Postal Service.
(3) Any funds paid in this state toward the purchase of shares or other interest in a
financial organization or any deposit made therewith, and any interest or dividends
thereon, excluding any charges that lawfully may be withheld, unless the owner has
within three years: (A) Increased or decreased the amount of the investment or deposit,
or presented an appropriate record for the crediting of interest or dividends thereon; or
(B) corresponded in writing with the financial organization concerning the investment
or deposit; or (C) otherwise indicated an interest in the funds as evidenced by (i) a
memorandum on file with the financial organization or (ii) the fact that the Internal
Revenue Service Form 1099 sent from the financial organization to the owner is not
returned to the financial organization by the United States Postal Service.
(4) Any sum payable on checks certified in this state or on written instruments issued
in this state on which a banking or financial organization is directly liable, including, but
not limited to, money orders, drafts and traveler's checks, which has been outstanding
for more than three years from the date payable, or from the date of its issuance if payable
on demand, unless the owner has within such three years corresponded in writing with
the banking or financial organization concerning it, or otherwise indicated an interest
as evidenced by (i) a memorandum on file with the banking or financial organization
or (ii) the fact that the Internal Revenue Service Form 1099 sent from the banking or
financial organization to the owner is not returned to the banking or financial organization by the United States Postal Service.
(5) Any funds or other personal property reposing in or removed from a safe deposit
box or any other safekeeping repository in this state on which the lease or rental period
has expired owing to nonpayment of rent or other reason, which have been unclaimed
by the owner for more than five years from the date on which the lease or rental period
expired.
(b) With respect to any funds subject to the provisions of subdivisions (1), (2) and
(3) of subsection (a) of this section which are held or owing for purposes of a self-employed retirement plan or an individual retirement account, established in accordance
with the applicable provisions of the Internal Revenue Code and federal regulations
related thereto, such funds shall be presumed abandoned in accordance with said subdivisions (1), (2) and (3), provided in no event shall such presumption of abandonment
be applicable to such funds prior to the end of a period of six months immediately
following the date on which distribution of funds under any such plan, to the person for
whose benefit such funds have been contributed, is required to commence under said
provisions of the Internal Revenue Code and related regulations.
(1961, P.A. 540, S. 2; 1963, P.A. 125; P.A. 75-89, S. 1, 3; Nov. Sp. Sess. P.A. 81-1, S. 1, 10; P.A. 89-358, S. 1; P.A.
90-212, S. 1, 4; June 30 Sp. Sess. P.A. 03-1, S. 67.)
History: 1963 act increased time period in Subdiv. (2) from 10 to 20 years; P.A. 75-89 made traveler's checks presumed
abandoned after 15 years from date of issuance rather than after 10 years in Subdiv. (3); Nov. Sp. Sess. P.A. 81-1 reduced
time period after which property presumed abandoned in Subdivs. (1) and (2) from 20 to 10 years and time period after
which sums payable on checks other than traveler's checks are presumed abandoned in Subdiv. (3) from 10 to 5 years;
P.A. 89-358 decreased the period for presumed abandonment in Subdivs. (1) and (2) of Subsec. (a) from 10 years to 5
years, removed the 15-year presumption for travelers' checks and added Subsec. (b) concerning self-employed retirement
plans and individual retirement accounts; P.A. 90-212 amended Subsec. (a) by adding provisions re owner's interest in
property evidenced by the fact that the IRS Form 1099 sent from the banking or financial institution to the owner is not
returned to the institution by the Postal Service, deleting matured time deposit from Subdiv. (1), adding new Subdiv. (2)
re matured time deposits, and renumbering former Subdivs. (2), (3) and (4) as Subdivs. (3), (4) and (5), and amended the
subdivision references in Subsec. (b); June 30 Sp. Sess. P.A. 03-1 amended Subsec. (a) by decreasing period for presumed
abandonment from 5 to 3 years in Subdivs. (1) to (4), deleting reference to certificates of deposit in Subdiv. (4), and deleting
provision re surplus amounts arising from sale pursuant to law and decreasing period for presumed abandonment from 10
to 5 years in Subdiv. (5), effective August 16, 2003.
See Sec. 3-66b re conditions raising presumption of abandonment of unclaimed intangible property.
Cited. 43 CS 278.