Attorney General means the chief legal officer of this state; 3. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of Article 7 of Title 12A of the Oklahoma Statutes, and the provisions of this act are not applicable. This form conforms to applicable state statutory law. Mineral Interest Generating Intangible Personal Property Presumed Abandoned. Unclaimed Refund Presumed Abandoned. A. E. Not more than one hundred twenty (120) days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under the Uniform Unclaimed Property Act shall send written notice to the apparent owner at the owners last-known address informing the owner that the holder is in possession of property subject to the Uniform Unclaimed Property Act if: 1. (b) With regard to a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo. There is no abandoned property docket at this time. The names in alphabetical order and last-known address, if any, of persons listed in the report and entitled to notice within the county as specified in subsection A of this section; 2. But before we explain what those are, let us first define what qualifies as an abandoned home in the Panhandle State. F. For the purposes of this section, good faith means that: 1. laws governing abandoned propertybe it homes, vehicles, or other personal itemsarent extremely detailed, but they do offer a rough outline for how to claim or dispose of property left behind by the lawful owner on private or public property. What happens to abandoned vehicles in Oklahoma? Domicile means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person; 6. The notion of expecting owners to pay a fee to "register" residential or commercial property they've abandoned doesn't make sense. In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest; 2. Ive driven in snow before, but after moving to a new state even farther north, I think I need to upgrade my cars gear. Miscellaneous Personal Property Held for Another. C. Abandoned property that consists of any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest, may be retained by the holder or paid or delivered to the State Treasurer at the option of the holder. Im borrowing my roommate's car for the weekend while shes out of town but I cant figure out how to open the gas tank to refuel. The Unclaimed Property Division is located at 2300 N Lincoln Blvd, Room 217 in Oklahoma City. Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; or. A. 6, 198, Construction of Act. 5. B. b. otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this section at the address to which communications regarding the other relationship are regularly sent. If a vehicle has been abandoned on the highway or on some other stretch of public property, Highway Patrol may request for it to be towed, in which case it will fall into the possession of the tow truck company. Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Nothing in this act shall be construed as in any manner impairing or affecting the light of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law in equity, or by any statute of this state. 42-193. State Board of Examiners of Psychologists. C. A holder may not impose with respect to property described in subsection A of this section any charge due to dormancy or inactivity or cease payment of interest unless: 1. A. Find the solutions to your Oklahoma landlord tenant law problems here with our full guide to the Oklahoma Landlord Tenant Act. D. The provisions of subsection C of this section shall apply to all abandoned property held by any federal, state or local government or governmental subdivision, agency, entity, officer or appointee thereof, at the time of enactment, or at any time thereafter, regardless of when such property became or becomes presumptively abandoned. Person means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity; 16. f. amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; 10. The fifteen-year abandonment period shall begin to run when any statement or other business communication to the owner has been returned as undeliverable, or on the last date that the owner has communicated with the holder in any of the ways specified in this subsection, whichever is later. View Title. Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than one (1) year after the date specified for final distribution is presumed abandoned. Upon presumed abandonment of the automatically renewable time deposit, the holder shall report the presumed abandonment to the State Treasurer and may, at the holders option, either retain the property or pay or deliver it to the State Treasurer. Abandoned Property. Property Held by Courts, Public Officers and Agencies. Intangible property held for the owner by a court, state or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than one (1) year after becoming payable or distributable is presumed abandoned. D. At the time an interest is presumed abandoned under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his or her principal place of business within this state, or in a newspaper which the State Treasurer believes most likely to be seen by the owner of the property or by heirs of the owner. Title 60. Last-known address means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail; 11. There is hereby created in the State Treasury a revolving fund for the State Treasurer to be designated the Unclaimed Property Clearinghouse Fund. What should I do with abandoned personal property in Oklahoma? E. If the holder pays or delivers property to the State Treasurer in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the State Treasurer, upon written notice of the claim, shall defend the holder against the claim and, to the extent of the propertys value, shall indemnify the holder against liability on the claim. Otherwise communicated with the association regarding the interest or a dividend, distribution, or other money payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association. 3. A. Thinking of moving to Indiana? B. The holder is not required to send written notice to the owner if the holder has previously attempted to communicate with the owner, or otherwise exercised due diligence to ascertain the whereabouts of the owner. Except as otherwise provided in subsections B and E of this section, 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 a dividend, distribution, or other money payable as a result of the interest has remained unclaimed by the owner for seven (7) years and the owner within seven (7) years has not: 1. If reimbursement is sought for a payment made on a negotiable instrument, including a travelers check or money order, the holder must be reimbursed under this subsection upon filing proof that the instrument was presented and that payment was made to a person who appeared to the holder to be entitled to payment. 2. Such property shall not be presumed to be abandoned if the holder has sent a statement or other business communication concerning such property to the owner by first-class mail and the statement or other business communication has not been returned for inability to make delivery to the addressee. April 24, 2001.. A. Liens Chapter 6 Self-Service Storage Facility Lien Act, Self-Service Storage Facility Lien Act. The report must be verified and must include: 1. F. The Uniform Unclaimed Property Act shall not apply to patronage dividends, capital credits, customer deposits or non-negotiated payment checks held or owing by cooperative electric power or telephone associations organized under Sections 437 and 438.1 of Title 18 of the Oklahoma Statutes, rural water, sewer, gas and solid waste management districts organized under Section 1324.1 of Title 82 of the Oklahoma Statutes, or agricultural cooperative marketing or supply associations organized under Section 361 of Title 2 of the Oklahoma Statutes; when such associations are domiciled in Oklahoma. If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies deposited to the fund pursuant to Section 668 of this title. If the State Treasurer sells any securities delivered pursuant to Section 655 of this title before the expiration of the two-year period, any person making a claim pursuant to the Uniform Unclaimed Property Act is entitled to either the proceeds of the sale of the securities or other market value of the securities at the time the claim is made, whichever amount is greater, less any deduction for fees pursuant to Section 668 of this title. B. Download PDF Copy Title Link Download Html No Contact Found. C. Unless the State Treasurer considers it to be in the best interest of the state to do otherwise, all securities, other than those presumed abandoned under Section 655 of this title, delivered to the State Treasurer must be held for at least one (1) year before the State Treasurer may sell them. Browse USLegal Forms largest database of85k state and industry-specific legal forms. 60 OK Stat 60-674 (2014) What's This? (b) Property is payable or distributable for the purposes of this act notwithstanding the owners failure to demand the property or to present an instrument or document required to receive payment of the property. Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds ZIP Code E. The purchaser at any sale conducted by the State Treasurer pursuant to the Uniform Unclaimed Property Act takes the property, free of all claims of the owner or prior holder thereof and of all persons claiming through or under them. Oklahoma law statutorily recognizes two historically distinct types of easements. The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of the Uniform Unclaimed Property Act; and. The State Treasurer is hereby vested with authority and the responsibility for the control and management of all monies in the Unclaimed Property Fund as provided for in the Uniform Unclaimed Property Act. Any mineral interest in land in Oklahoma shall be subject to escheat under the provisions of Sections 271 through 277 of Title 84 of the Oklahoma Statutes if it generates an intangible property interest which is presumed abandoned under the Uniform Unclaimed Property Act as provided in Sections 651 through 686 of this act or under similar laws of another state. Claim for abandoned property. If seven (7) dividends, distributions, or other sums are paid during the seven-year period, the period leading to a presumption of abandonment commences on the date payment of the first such unclaimed dividend, distribution, or other sum became due and payable. There is hereby created in the State Treasury a revolving fund for the State Treasurer to be designated the Unclaimed Property Clearinghouse Fund. Unclaimed Funds Held By Life Insurance Corporations. Where the vehicle was abandoned largely influences what happens to it. Any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the landlord may dispose of said property in any manner which he deems reasonable and proper without liability to the tenant or any other interested party. The Oklahoma unclaimed money program is known as OK Treasure. Financial organization means a savings and loan association, building and loan association, or credit union; 7. The lien attaches as of the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until the default is corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy the lien. The mailing of notice by first-class mail to the last-known address of the owner by the holder shall constitute compliance with this subsection and, if done, no further act on the part of the holder shall be necessary. The State Treasurer shall be authorized to expend monies from the Unclaimed Property Clearinghouse Fund in payment of a reasonable fee not to exceed fifteen percent (15%) of the delivered funds to a person, firm, or corporation contracting with the State Treasurer providing information leading to the delivery of unclaimed property held by an out-of-state holder to the State Treasurer. For purposes of this section, the issuer shall be the entity responsible for the payment of the travelers check. B. Banking organization means any bank, trust company, savings bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization; 4. Holder means a person, wherever organized or domiciled, who is: a. in possession of property belonging to another. B. If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered, or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the State Treasurer, and the property will no longer be presumed abandoned. Payment or delivery was made in a reasonable attempt to comply with the Uniform Unclaimed Property Act; 2. Abandoned property refers to any personal property that is left by an owner who has intentionally relinquished all rights to its control. Effect of Issuance of Warehouse Receipt, Bill of Lading, or other Document of Title for Store Personal Property. Self-service storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property. No action or proceeding may be commenced by the State Treasurer with respect to any duty of a holder under the Uniform Unclaimed Property Act more than four (4) years after the holder files the report pursuant to Section 661 of this title or ten (10) years after the duty arose, whichever is earlier. Abandonment or surrender of nonresidential rental property - Disposition of personal B. C. The rental agreement shall contain a provision directing the occupant to disclose any lienholders with an interest in property that is or will be stored in a self-service storage facility. The State Treasurer may enter into contracts with these persons, firms or corporations performing these services, which services may include the examination of any party subject to examination under the Uniform Unclaimed Property Act. 3. Museum includes, but is not limited to, historical societies, historical sites or landmarks, parks, monuments and libraries; 14. Agriculture Title 5. Abandoned property is property left behind intentionally and permanently, often by a tenant, when it appears that the former owner or tenant has no intent to reclaim or use it. Abandoned property - Demutualization or related reorganization of insurance company. Unpaid Wages Presumed Abandoned. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies deposited to the fund pursuant to Section 668 of this title. Income Accruing After Payment or Delivery. 3. 2014 Oklahoma Statutes Title 60. The expiration after September 1, 1991, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned property or affect any duty to file a report or to pay or deliver abandoned property to the State Treasurer as required by the Uniform Unclaimed Property Act. The property has a value of Fifty Dollars ($50.00) or more. Unclaimed Property Determination of Amount Payment of Amounts in Excess. Jerry can even help you bundle your home and auto insurance policies to maximize your savingsno hassle or tedious paperwork required!. I trusted it so much that I signed up my homeowners insurance under Jerry as well. When you need Oklahoma Abandoned Personal Property Law, don't accept anything less than the USlegal brand . The State Treasurer shall execute all documents necessary to complete the transfer of ownership. The fifteen-year abandonment period shall begin to run when any statement or other business communication to the owner has been returned as undeliverable, or on the last date that the owner has communicated with the holder in any of the ways specified in subsection A of this section, whichever is the later. (b) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to the company or it is not definite and certain from the records who is entitled to the funds, it is presumed that the last-known address of the person entitled to the funds is the same as the last-known address of the insured or annuitant according to the records of the company. Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than one (1) year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned. Oklahoma Landlord Tenant Law. b. the holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last-known address of the apparent owner or other person entitled to the property; 4. If the holder regularly reverses or otherwise cancels such charges or retroactively credits interest for a reason other than an error or omission by the holder, then in proportion to the extent that it does so with respect to other deposits, the holder shall likewise reverse or otherwise cancel charges or retroactively credit interest with respect to property that is reported to the State Treasurer as unclaimed under the Uniform Unclaimed Property Act. In making such determination, the State Treasurer shall take into account the following: 1. b. otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent. The State Treasurer shall cause notice to be published not later than March 1, or in the case of property reported by life insurance companies, September 1, of the year following the report required by Section 661 of this title at least once each week for two (2) consecutive weeks in a legal newspaper of general circulation in the county in this state in which is located the last-known address of any person to be named in the notice. It is run by the Oklahoma State Treasurer. Museum means institution which is located in this state and operated by a nonprofit corporation or a public agency primarily for educational, scientific, historic preservation or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies archives or catalogues property. Although the average claim is less than $1,000, there have been cases where people recovered more than $10,000. Under certain circumstances, a squatter who lives on a West Virginia property for 10 continuous years could claim ownership of it. Download PDF Copy Title Link Download Html Contact Agency. Only one report with respect to each owner and mineral interest is necessary; subsequent reports must include complete information with respect to all new owners and new unclaimed mineral interests. . Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; 4. Upon the payment or delivery of abandoned property to the State Treasurer, the state assumes custody and responsibility for the safekeeping of the property. D. The State Treasurer may accept the holders affidavit as sufficient proof of the facts that entitle the holder to recover money and property under this section. The State Treasurer may decline the highest bid and reoffer the property for sale if in the judgment of the State Treasurer the bid is insufficient. A. A. Added by Laws 1998, c. 306, 2, eff. If in the judgment of the State Treasurer the probable cost of sale exceeds the value of the property, it need not be offered for sale. Universal Citation: 60 OK Stat 60-661 (2014) A. Default means the failure to perform in a timely manner any obligation or duty set forth in this act or the rental agreement; 2. State Board for Property and Casualty Rates. Apparent owner means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder; 2. B. A person making a claim under the Uniform Unclaimed Property Act after the expiration of this period is entitled to receive either the securities delivered to the State Treasurer by the holder, if they still remain in the hands of the State Treasurer, or the proceeds received from sale, less any amounts deducted pursuant to Section 668 of this title, but no person has any claim under this section against the state, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the State Treasurer. At the expiration of a seven-year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least seven (7) dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner. B. B. If a banking or financial organization has sent a statement or other business communication concerning such property to the owner by first-class mail and the statement or other business communication has not been returned for inability to make delivery to the addressee, the property shall not be presumed to be abandoned. Description Oklahoma Abandoned Personal Property Law This is an official notice from the Landlord to the Tenant. Of Warehouse Receipt, Bill of Lading, or credit union ;.... Help you bundle your home and auto insurance policies to maximize your savingsno hassle or paperwork. 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What happens to it Copy Title Link Download Html Contact Agency located at 2300 N Lincoln,! Person ; 6 problems here with our full guide to the recipient of travelers! And auto insurance policies to maximize your savingsno hassle or tedious paperwork required! at this.... Signed up my homeowners insurance under jerry as well $ 50.00 ) or more for continuous... Before we explain what those are, let us first define what as!
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oklahoma abandoned property law