§ 38-13-1504. Application of Article – Local Government – Exemption – Notice of Property
Except as otherwise provided in this section, the provisions of this article 13 do not apply to a local government that is a holder of property if: The local government has a local ordinance or resolution relating to the disposition of property that conflicts with this article 13; The local ordinance or resolution described in […]
§ 38-13-1407. Security Breach
Except to the extent prohibited by law other than this article 13, the administrator or administrator’s agent shall notify a holder as soon as practicable of: Suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator’s agent; and Any […]
§ 38-13-1408. Indemnification for Breach
If a claim is made or action commenced arising out of an event described in section 38-13-1407 (1) relating to confidential information possessed by an administrator’s agent, the administrator’s agent shall indemnify, defend, and hold harmless a holder and the holder’s affiliates, officers, directors, employees, and agents as to: Any claim or action; and A […]
§ 38-13-1501. Uniformity of Application and Construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 461, § 1, effective July 1, 2020.
§ 38-13-1502. Relation to Electronic Signatures in Global and National Commerce Act
This article 13 modifies, limits, or supersedes the “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of […]
§ 38-13-1503. Transitional Provision
An initial report filed under this article 13 for property that was not required to be reported before July 1, 2020, but that is required to be reported under this article 13, must include all items of property that would have been presumed abandoned during the five-year period preceding July 1, 2020, as if this […]
§ 38-13-1206. Waiver of Interest and Penalty
The administrator shall waive a penalty under section 38-13-1204 (2) if the administrator determines that the holder acted in good faith and without negligence. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 454, § 1, effective July 1, 2020.
§ 38-13-1301. When Agreement to Locate Property Enforceable
An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement: Is in a record that clearly states the nature of the property and the services to […]
§ 38-13-1302. When Agreement to Locate Property Void – Rules
Subject to subsection (2) of this section, an agreement under section 38-13-1301 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending twenty-four months after the payment or delivery. If a provision in an agreement described in […]
§ 38-13-1303. Right of Agent of Apparent Owner to Recover Property Held by Administrator
An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner. […]