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Home » US Law » 2022 South Dakota Codified Laws » Title 43 - Property » Chapter 41B - Uniform Unclaimed Property Act

Section 43-41B-1 – Definitions and use of terms.

43-41B-1. Definitions and use of terms. As used in this chapter, unless the context otherwise requires: (1)”Administrator,” the state treasurer; (2)”Apparent owner,” the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder; (3)”Attorney general,” the chief legal officer of this state; […]

Section 43-41B-10 – Stock and other intangible interests in business associations.

43-41B-10. Stock and other intangible interests in business associations. (a) Except as provided in subsections (b) and (e), stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if […]

Section 43-41B-13 – Property held by agents and fiduciaries.

43-41B-13. Property held by agents and fiduciaries. (a) Intangible property and any income or increment derived therefrom held by fiduciaries and agents for the benefit of another person is presumed abandoned unless the owner, within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or […]

Section 43-41B-14 – Property held by courts and public agencies.

43-41B-14. Property held by courts and public agencies. Intangible property held for the owner by a court, federal, state, or other government, governmental subdivision or agency or entity, public corporation, public authority, or public officer of this state which remains unclaimed by the owner for more than one year after becoming payable or distributable is […]

Section 43-41B-15 – Gift certificates and credit memos.

43-41B-15. Gift certificates and credit memos. (a) A gift certificate or a credit memo issued in the ordinary course of an issuer’s business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned. (b) In the case of a gift certificate, the amount presumed abandoned is […]

Section 43-41B-16 – Wages.

43-41B-16. Wages. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business which remains unclaimed by the owner for more than one year after becoming payable are presumed abandoned. Source: SL 1992, ch 312, §15.

Section 43-41B-18 – Report of abandoned property.

43-41B-18. Report of abandoned property. (a) A person holding property tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the administrator concerning the property as provided in this section. The expiration of any period of time specified by statute or court order, during which an action […]

Section 43-41B-2 – Property presumed abandoned–General rule.

43-41B-2. Property presumed abandoned–General rule. (a) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder’s business and has remained unclaimed by the owner for more than three years after it […]

Section 43-41B-20 – Payment or delivery of abandoned property.

43-41B-20. Payment or delivery of abandoned property. (a) Except as otherwise provided in subsections (b) and (c) of this section, a person who is required to file a report under this chapter shall, at the same time as the final date for filing the report as required, pay or deliver to the administrator all abandoned […]

Section 43-41B-21 – Custody by state–Holder relieved from liability–Reimbursement of holder paying claim–Reclaiming for owner–Defense of holder–Payment of safe deposit box or repository charges.

43-41B-21. Custody by state–Holder relieved from liability–Reimbursement of holder paying claim–Reclaiming for owner–Defense of holder–Payment of safe deposit box or repository charges. (a) Upon the payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the administrator […]

Section 43-41B-22 – Crediting of dividends, interest, or increments to owner’s account .

43-41B-22. Crediting of dividends, interest, or increments to owner’s account. Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money. […]

Section 43-41B-23 – Public sale of abandoned property.

43-41B-23. Public sale of abandoned property. (a) No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale or by means of an internet auction, depending on which method of sale the administrator determines affords the most favorable market for the […]

Section 43-41B-24 – Deposit of funds.

43-41B-24. Deposit of funds. (a) Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this chapter, including the proceeds from the sale of abandoned property under §43-41B-23. The administrator shall retain in a separate trust fund an amount not more than […]

Section 43-41B-24.1 – Continuous appropriation of fund–Report–Approval of certain expenditures.

43-41B-24.1. Continuous appropriation of fund–Report–Approval of certain expenditures . Money in the unclaimed property trust fund for payment of costs and expenses authorized under §43-41B-24 is continuously appropriated for those purposes. Any expenditures shall be paid upon warrants drawn by the state auditor pursuant to vouchers authorized by the state treasurer. All funds paid out […]

Section 43-41B-25 – Filing claim with administrator–Handling of claims by administrator.

43-41B-25. Filing claim with administrator–Handling of claims by administrator. (a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant. (b) The administrator shall consider each claim within one hundred eighty days […]

Section 43-41B-26 – Claim of another state to recover property–Procedure.

43-41B-26. Claim of another state to recover property–Procedure. (a) At any time after property has been paid or delivered to the administrator under this chapter another state may recover the property if: (1)The property was subjected to custody by this state because the records of the holder did not reflect the last known address of […]