Tuesday, August 31, 2010

Due Diligence Cutoff for Fall Reporting States

Most state unclaimed property laws require the holder to go through a "due diligence" process before remitting property to the state.  This obligation generally requires the holder to send a letter to the apparent owner's last known address stating that property of the owner is about to be reported and remitted to the state as unclaimed property.  Most states have a cutoff under which letters need not be sent, and some have special requirements for large-dollar accounts (e.g., certified mail).

States that follow one of the uniform unclaimed property acts generally require that the notice be sent no more than 120 days and no less than 60 days before filing the report.  In states with October 31 reporting and a 60 day letter requirement, that deadline for sending out due diligence notices is tomorrow, November 1. 

Fall states with a 60 day requirement include Alabama, Arkansas, DC, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, North Carolina, Tennessee, Virginia, and West Virgina.

Make sure to send those letters out!

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