43-38-115 - Unclaimed property.
43-38-115. Unclaimed property.
(a) A cooperative may, in lieu of paying or delivering to the state the unclaimed property specified in its report of unclaimed property, distribute the unclaimed property to a corporation or organization that is exempt from taxation. A cooperative making the election to distribute unclaimed property shall file with the secretary of state:
(1) A verified written explanation of the proof of claim of an owner establishing a right to receive the abandoned property;
(2) Any error in the presumption of abandonment;
(3) The name, address, and exemption number of the corporation or organization to which the property was or is to be distributed; and
(4) The approximate date of distribution.
(b) This section does not alter the procedure provided by law for cooperatives to report unclaimed property to the state and the requirement that claims of owners are made to the cooperatives for a period following the publication of lists of abandoned property.
(c) The right of an owner to unclaimed property held by a cooperative is extinguished when the property is disbursed by the cooperative to a tax-exempt organization in accordance with this section.
[Acts 2004, ch. 534, § 12.]