§ 18-28-213 - Deposit of funds. - Arkansas Statutes

18-28-213. Deposit of funds.

(a) All funds received under this subchapter, including the proceeds from the sale of abandoned property, shall be deposited by the administrator in a special trust fund to be known as the "Unclaimed Property Proceeds Trust Fund", from which he shall make prompt payment of claims duly allowed by him as hereinafter provided. Such funds shall be deposited in accounts in one (1) or more financial institutions authorized to do business in this state to be administered in accordance with the laws of this state pertaining to the appropriation, administration, and expenditure of cash funds. Before making the deposit, he shall record the name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property, and the name and last known address of each insured or annuitant, and, with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation, and the amount due. The record shall be available for public inspection at all reasonable business hours.

(b) At the end of each fiscal year, the administrator shall withdraw from the Unclaimed Property Proceeds Trust Fund an amount necessary to reimburse the State Central Services Fund, or its successor fund or fund account, for moneys expended for personal services and operating expenses of administering and enforcing this subchapter.

(c) (1) (A) At least one (1) time each fiscal year, the administrator shall transfer to the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years.

(B) (i) After the administrator returns funds to the county, the state is released from its indemnity of the county under 18-28-210(b) and (f).

(ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity.

(iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner.

(iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee.

(2) At least one (1) time each fiscal year, the administrator shall transfer to the general revenues of the state all remaining funds that have been collected and held for a full three (3) years, less the amount transferred to the State Central Services Fund, or its successor fund or fund account, as required by this subchapter.

(d) Each bank depository of unclaimed property funds shall secure the funds to the extent of the amount of the balance of the funds any time on hand and in such manner as the administrator shall require.