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§ 1301.8. Property held by agents-in-fact and fiduciaries

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: September 12, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XIII.1. Disposition of Abandoned and Unclaimed Property (Refs & Annos)
Effective: September 12, 2016
72 P.S. § 1301.8
§ 1301.8. Property held by agents-in-fact and fiduciaries
Currentness
(a) The following property held by agents-in-fact or fiduciaries is presumed abandoned and unclaimed:
1. All property held by an agent-in-fact or in a fiduciary capacity for the benefit of another person, three (3) years after the holder has lost contact with the owner, unless the owner has, within that three (3) year period:
(i) increased or decreased the principal;
(ii) accepted payment of principal or income; or
(iii) otherwise indicated an interest in the property or in other property of the owner in the possession, custody or control of the holder.
2. An individual retirement account, a retirement plan for self-employed individuals or similar account or a retirement plan created pursuant to Federal law or the laws of this Commonwealth, three (3) years after the holder has lost contact with the owner, unless the owner has, within that three (3) year period:
(i) commenced receiving distributions of principal or income;
(ii) increased or decreased the principal;
(iii) received payment of principal or income; or
(iv) otherwise indicated an interest in the account or plan or in other property of the owner in possession, custody or control of the holder.
(b) Except as provided under subsection (c), the date on which the holder has lost contact with the owner is:
1. the date a second consecutive communication sent by the holder by first class United States mail to the owner is returned to the holder undelivered by the United States Postal Service; or
2. if the second communication is made later than thirty (30) days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States Postal Service.
(c) If the owner does not receive communications from the holder by United States mail, the holder shall attempt to confirm the owner's interest in the property by sending the owner an electronic mail communication not later than two (2) years after the owner's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received or if the owner does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the owner by first class United States mail. If the mail is returned to the holder undelivered by the United States Postal Service, the holder shall be deemed to have lost contact with the owner on the date of the owner's last indication of interest in the property.

Credits

1929, April 9, P.L. 343, No. 176, art. XIII.1, § 1301.8, added 1982, Dec. 9, P.L. 1057, No. 248, § 5, retroactive effective Jan. 1, 1982. Amended 2002, June 29, P.L. 614, No. 91, § 6, effective July 1, 2002; 2014, July 10, P.L. 1053, No. 126, § 6, imd. effective; 2016, July 13, P.L. 664, No. 85, § 4, effective in 60 days [Sept. 12, 2016].
72 P.S. § 1301.8, PA ST 72 P.S. § 1301.8
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document