LD 1155
pg. 2
Page 1 of 2 An Act to Amend the Laws Regarding Abandoned Property LD 1155 Title Page
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LR 1694
Item 1

 
C. The making of a deposit to or withdrawal from a bank
account; and

 
D. The payment of a premium with respect to a property
interest in an insurance policy; but the application of an
automatic premium loan provision or other nonforfeiture
provision contained in an insurance policy does not prevent
a policy from maturing or terminating if the insured has
died or the insured or the beneficiary of the policy has
otherwise become entitled to the proceeds before the
depletion of the cash surrender value of a policy by the
application of those provisions.; and

 
Sec. 4. 33 MRSA §1953, sub-§4, ķE is enacted to read:

 
E.__When the holder has sent a document by mail to the owner
at the last known address related to the property, the fact
that the document was not returned to the holder as
undeliverable.

 
Sec. 5. 33 MRSA §1956, as enacted by PL 1997, c. 508, Pt. A, §2,
and affected by §3, is amended to read:

 
§1956. Dormancy charge

 
A holder may deduct from property presumed abandoned a charge
imposed by reason of the owner's failure to claim the property
within a specified time only if there is a valid and enforceable
written contract between the holder and the owner under which the
holder may impose the charge and the holder regularly imposes the
charge, which is not regularly reversed or otherwise canceled.
The amount of the deduction is limited to an amount that is not
unconscionable. Nothing in this section prevents the holder from
deducting fees or charges not related to the owner's failure to
claim the property within a specified period of time when such
fees or charges__are deducted from the property before the date
the property is presumed abandoned.

 
SUMMARY

 
This bill amends the State's Uniform Unclaimed Property Act as
it applies to automatically renewable deposit accounts. The bill
also clarifies that deposit accounts that are IRAs or part of
benefit plans are deemed abandoned according to the rules
specifically related to IRAs benefit plans. In addition, the
bill clarifies that fees properly assessed before the date of
abandonment are not required to be refunded upon escheat to the
State.


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