Chapter 523A

Unclaimed Property

CHAPTER 523A

[UNCLAIMED PROPERTY]

Part I. Uniform Unclaimed Property Act

Section

523A-1 Short title

523A-2 Definitions

523A-3 Presumptions of abandonment

523A-3.5 Gift certificates and gift cards

523A-4 Contents of safe deposit box or other safekeeping

depository

523A-5 Rules of taking custody

523A-6 Dormancy charge

523A-7 Burden of proof as to property evidenced by record of

check or draft

523A-8 Report of abandoned property

523A-9 Payment or delivery of abandoned property

523A-10 Notice and publication of lists of abandoned property

523A-11 Custody by State; recovery by holder; defense of

holder

523A-12 Crediting of dividends, interest, and increments to

owner’s account

523A-13 Public sale of abandoned property

523A-14 Claim of another state to recover property

523A-15 Filing claim with administrator; handling of claims

by administrator

523A-16 Action to establish claim

523A-17 Election to take payment or delivery

523A-18 Destruction or disposition of property having no

substantial commercial value; immunity from liability

523A-19 Periods of limitation

523A-20 Requests for reports and examination of records

523A-21 Retention of records

523A-22 Enforcement

523A-23 Interstate agreements and cooperation; joint and

reciprocal actions with other states

523A-24 Interest and penalties

523A-25 Agreement to locate property

523A-26 Deposit of funds

523A-27 Foreign transactions

523A-28 Transitional provisions

523A-29 Rules

523A-30 Uniformity of application and construction

Part II. Unclaimed Property Held by the United States

523A-51 Declaration of policy

523A-52 Definitions

523A-53 Unclaimed property subject to delivery to State;

presumptions

523A-54 Request by director of finance for report of

previously unreported information

523A-55 Agreement for State’s payment of share of costs

523A-56 Posting copy of report; notice of interest and

intention to claim; determination of asserted

interest

523A-57 State’s right unaffected by expiration of time for

proceeding

523A-58 Petition for determination of State’s right to custody

of unclaimed property; venue; service not required

523A-59 Notice of proceedings

523A-60 Answer; disposition of funds on deposit; dismissal

without prejudice

523A-61 Application for judgment relating to property not

claimed by answer, and finding and declaration

thereon

523A-62 Request for delivery or payment of unclaimed property

described in judgment; receipts

523A-63 Disposition of property received

523A-64 Undertaking to hold the United States harmless;

intervention by state attorney general

523A-65 State rights not affected

Revision Note

Chapter heading changed by revisor.

Attorney General Opinions

Act 214, L 1996, which amended Hawaii’s unclaimed property law to permit escheat of abandoned property, was constitutional; recommendations regarding notice of custodial taking and escheat notice, discussed. Att. Gen. Op. 98-4.