Posted on Wednesday, 28th July 2010 by Keane Unclaimed Property Team

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At this point, you probably know that many organizations are carrying unclaimed property and are in danger of  escheat audits. But why do companies seem to be so willing to risk non-compliance? While many companies are aware of unclaimed property compliance requirements, some will just wait until they get hit with an escheat audit to do anything. Others understand the risk, but do not want to allocate the time or resources needed to proactively define their liability and reduce it.  And some are simply uninformed of their compliance obligations.

Debbie Zumoff, Chief Compliance Officer at Keane Unclaimed Property, recently spoke with John Cummings, Editor of Business Finance and Author of the BizTaxBuzz Blog, about escheat audits and why they seem to be in the future of so many companies.  Click here to read the whole post

Two of the downsides to not reporting unclaimed property are penalties and interest, which can quickly add up and even double the amount of underlying liability. For most companies, this can mean big losses. However, there are number of audit risk red flags that companies can look out for when it comes to unclaimed property. These include not reporting all property types, using inappropriate dormancy triggers, failing to perform state-mandated due diligence and many others. If companies are aware of these red flags upfront and keep them in mind when it’s time to file unclaimed property each year, they can better prepare for and defend against escheat audits and significantly reduce risk to their organization.

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Posted on Friday, 16th July 2010 by Keane Unclaimed Property Team

Recent legislative, regulatory and legal developments that occurred during the month of June 2010 in the areas of state unclaimed property law and regulation are summarized below, by state and by topic:

Unclaimed Property Reporting Laws: State By State Changes

Delaware Unclaimed Property Reporting

SB 272

Introduced 5/13/10, Passed Senate 6/22/2010, Passed House 6/29/2010.

Section 1 of the Act provides for an administrative review process at the conclusion of an unclaimed property examination. This review process may be invoked at the option of the unclaimed property holder. It will allow the holder to file a written protest, submit additional information in support of the protest and request that the Audit Manager reconsider the Department’s findings following an examination.

Section 2 of the Act creates a limited exemption from the definition of property for abandoned property purposes that arises from transactions between merchants covered by the Uniform Commercial Code where, for whatever reason, a merchant holder receives goods for which the holder was never invoiced by the seller. Read More »