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#1558414 - 05/31/11 02:31 PM Escheat Fees
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Hi - I'm wondering if any of you charge a fee to your customers to escheat unclaimed property. Some states charge as much as $50 or as little as $2. Is there anything in the IN statutes that either allows or prohibits this fee?

Thanks!
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#1558586 - 05/31/11 06:01 PM Re: Escheat Fees BBoyd
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
http://www.in.gov/legislative/ic/code/title32/ar34/ch1.html

C 32-34-1-22
Dormancy charges
Sec. 22. (a) A holder may not deduct a charge from property that is presumed abandoned if the charge is imposed because the owner failed to claim the property within a specified time unless:
(1) there is a valid and enforceable written contract between the holder and the owner that allows the holder to impose the charge; and
(2) the holder regularly imposes the charge, and the charge is not regularly reversed or otherwise canceled.
(b) If a holder described in this section is a financial institution, the dormancy charges of the department of financial institutions apply.
As added by P.L.2-2002, SEC.19.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1558592 - 05/31/11 06:24 PM Re: Escheat Fees Dan Persfull
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
In (b) above, it mentions dormancy charges of the department of financial institutions. Am I overlooking that in the link you sent or is that found elsewhere?

Thank you!
_________________________
Opinions are mine and never to be taken as legal advice!

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#1558880 - 06/01/11 01:45 PM Re: Escheat Fees BBoyd
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
Last edited by Dan Persfull; 06/01/11 01:45 PM.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#1558888 - 06/01/11 01:50 PM Re: Escheat Fees Dan Persfull
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Thanks!

Just so I'm clear - the bank can charge DORMANT fees, but not ESCHEAT fees. Is that correct?
_________________________
Opinions are mine and never to be taken as legal advice!

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