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Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » Article 8. Uniform Unclaimed Property Act

§36-8-28. Rules

On or before July 1, 1997, the administrator shall promulgate emergency legislative rules in accordance with the provisions of section fifteen, article three, chapter twenty-nine-a of this code. The administrator shall propose legislative rules for promulgation in accordance with the requirements of the Secretary of State and the provisions of chapter twenty-nine-a of this code […]

§36-8-2a. Escheat of United States Savings Bonds

(a) Notwithstanding any other section of this article or any other section of this code to the contrary, United States savings bonds held or owing in this state by any person, or issued, or owed, in the course of a holders business, by a state or other government, governmental subdivision, agency, or instrumentality, and all […]

§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository

Tangible personal property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration […]

§36-8-31. Severability Clause

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

§36-8-33. Report by Administrator

(a) Not later than six months after the end of the states fiscal year, the administrator shall compile and publish a report on the West Virginia Treasury website. The report must contain the following information about property deemed unclaimed for the preceding fiscal year for the state: (1) The total amount and value of all […]

§36-8-4. Rules for Taking Custody

Except as otherwise provided in this article or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if: (1) The last known address of the apparent owner, as shown on the records of the holder, is in this […]

§36-8-5. Dormancy Charge

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the […]

§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument […]

§36-8-7. Report of Abandoned Property

(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property. (b) The report must be verified and must contain: (1) A description of the property;

§36-8-8. Payment or Delivery of Abandoned Property

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by 36-8-7 of this code, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if the property […]

§36-8-9. Notice and Publication of Lists of Abandoned Property

(a) Publication of bulletin. (1) The administrator shall publish a bulletin no later than November 30 of each year, listing the names of the apparent owners of up to 15,000 properties recently paid or delivered to the administrator. The bulletin must be published in a newspaper of general circulation in each county of this state. […]