Posted on Wednesday, 21st September 2011 by Keane Unclaimed Property Team

On Monday, September 12, 2011, the Third Circuit United States Court of Appeals heard oral arguments in the case of New Jersey Retail Merchants Association v. Sidamon-Eristoff.  The litigation concerns the New Jersey gift card law passed in 2010 which, among other things, altered the unclaimed property jurisdictional priority rules for the reporting of gift cards in New Jersey.  The new law required that holders collect zip codes from purchasers, and in the absence of information concerning the owner, the presumed address would be the place of purchase.

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Posted on Wednesday, 1st June 2011 by Keane Unclaimed Property Team

As reported earlier, the New York State abandoned property laws changed recently when the Legislature passed its budget bill for 2011-2012 via Senate Bill 2811.

The bill includes multiple changes to the New York Abandoned Property Law that affect holders required to file with New York for the next reporting cycle.   The New State Comptroller’s Office of Unclaimed Funds has also added an alert to its website summarizing the recent changes.

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Posted on Wednesday, 30th March 2011 by Keane Unclaimed Property Team

Proposed on February 17, 2011 and passed on March 25, 2011, HB 174 marks the first major unclaimed property legislation passage of 2011. The bill makes two major changes to securities reporting in Idaho: (1) the dormancy trigger will now be a combination of inactivity and RPO, instead of pure inactivity, and (2) the requirements for reporting dividend reinvestment program accounts (DRP accounts) are now clearly spelled out.. More details are provided below.

Previously, Idaho only recognized pure inactivity as a dormancy trigger for securities. Under HB 174, any stock, shareholding or other intangible ownership interest in a business association is “considered” abandoned if the owner of such interest (1) fails to either claim a dividend, distribution, or other sum payable or communicate with the association regarding the interest or a dividend, distribution; and (2) the location of the owner is unknown at the end of the five (5) year dormancy period.

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Posted on Friday, 19th November 2010 by Keane Unclaimed Property Team

When not correctly managed and reported, the risk of state audits – and subsequent fines and penalties for inadequate unclaimed property compliance – become a distinct reality. There is a widely held belief, however, that the overwhelming majority of unclaimed property is not reported. In fact, most state estimates suggest that only 15-35 percent of companies are in full compliance with the laws.

The bottom line is that if unclaimed property isn’t on your radar, it should be. Read More »

Posted on Friday, 12th November 2010 by Keane Unclaimed Property Team

As states become more aggressive with abandoned property laws and guidelines, they continue to make changes to legislation in an effort to generate more revenue. On September 30, Tennessee proposed new administrative rules for unclaimed property that if passed will directly affect businesses operating in the state.

The proposed changes apply to Organizations and Individuals Required to Report, Reporting Forms, Alternative Reporting Forms Accepted by the State and Agreements Relative to Unclaimed Property.

Organizations and Individuals Required to Report: The current rule for organizations and individuals states that business employing less than 25 employees do not have to report unclaimed property. The proposed rule would delete this exception making it mandatory for all businesses in the state to report this information. Read More »

Posted on Thursday, 4th November 2010 by Keane Unclaimed Property Team

With reporting deadlines occurring at the end of this month, we are constantly keeping abreast of issues involving unclaimed property and dormant accounts—even ones occurring outside the United States. A recent article caught our attention from CaymanNewsService titled “Law fundamentally ‘flawed’” as it raised some unclaimed property law issues that have and continue to occur state side. Read More »

Posted on Thursday, 4th November 2010 by Keane Unclaimed Property Team

As you might have guessed, New Jersey’s attempt to collect an additional $79.5 million in revenue per year by revising the Uniform Unclaimed Property Act is causing a legal uproar in Trenton’s federal court. Monday’s article on Law.com which covered the proposed unclaimed property law revision caught our eye, as there are currently three lawsuits contesting that the recent revision is pre-empted by federal law and violates the Constitution’s taking, commerce, contract and due process clauses.

So just what does the law say? On July 1, 2010, New Jersey passed a revision to the Uniform Unclaimed Property law stating that gift cards – which were not previously covered by the unclaimed property act – are presumed abandoned after two years. This includes paper gift certificates and rebates cards. The law also reduces the time to redeem travelers’ checks and money orders from 15 years to three years and seven years to three years, respectively. Finally, the law forbids fees charged on stored value cards and limits the amount of dormancy fees businesses can charge on travelers’ checks.

The lawsuits involve American Express Travel Related Services Company, the New Jersey Retailers Association and the New Jersey Food Council, and are all seeking a preliminary injunction against enforcement of the law. Read More »

Posted on Friday, 8th October 2010 by Keane Unclaimed Property Team

Michigan’s new reporting bill, HB 6421 – introduced on September 8th, was signed into law by the Governor on October 5, 2010.  The details are summarized below:

• General dormancy period from 5 to 3 years.
• Money orders from 7 years to 3 years.
• Any sum payable on a check, draft, or similar instrument from 5 years to 3 years.
• Demand, savings, matured time deposits including any automatically renewable deposits, from 5 to 3 years.
• Trust accounts and accounts under the Gifts to Minors Act, from 15 years to 3 years.
• Funds owed under any life or endowment insurance policy, from 5 to 3 years.
• Gift Cards, from 5 years to 3 years.

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Posted on Thursday, 7th October 2010 by Keane Unclaimed Property Team

Some important news for you if you’re a holder following state unclaimed property law; Indiana has recently announced a change –

A one-time only “Amnesty” program to help holders of unclaimed property regain compliance.

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Posted on Wednesday, 6th October 2010 by Keane Unclaimed Property Team

American Express as well as the New Jersey Retail Merchants Association have targeted a recent law which altered the length of time upon which the state can seize travelers check and unused gift card balances. American Express is concerned with travelers checks and the NJRMA is unhappy with the law’s implications on gift cards.

New Jersey state treasurer, Andrew P. Sidamon-Eristoff, has been hit with two law suits concerning a measure approved back in June of 2010 which was part of the budget recommended by Governor Christie. The budget called for changes to when a travelers check or gift card could be considered as abandoned, resulting in an estimated $80 million for the state. Gift cards alone are estimated to generate $33-55 million.
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