<section article="gcl" article_name="Commercial Law" number="17-101" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Abandoned property” means personal property that is considered abandoned under this title.</text> </level> <level label="2"> <text>“Abandoned property” includes property in the custody of the federal government that is classified as “unclaimed property” under federal law.</text> </level> </level> <level label="c"> <text>“Administrator” means the State Comptroller.</text> </level> <level label="d"> <text>“Apparent owner” means a person whose name appears on a record of a holder as the owner of property held, issued, or owing by the holder.</text> </level> <level label="e"> <text>“Banking organization” means any bank, trust company, savings bank, land bank, and any other similar organization engaged in business in the State.</text> </level> <level label="f"> <text>“Business association” means any corporation, joint stock company, business trust, statutory trust, partnership, or any association for business purposes of two or more individuals.</text> </level> <level label="g"> <text>“County” includes Baltimore City.</text> </level> <level label="h"> <text>“Federal government” includes any of its agencies or instrumentalities.</text> </level> <level label="i"> <text>“Financial organization” means any savings and loan association or credit union engaged in business in the State.</text> </level> <level label="j"> <text>“Gift card” means a gift card described in § 14–1320 of this article.</text> </level> <level label="k"> <text>“Gift certificate” has the meaning stated in § 14–1319 of this article.</text> </level> <level label="l"> <text>“Holder” means any person who is:</text> <level label="1"> <text>In possession of property subject to this title belonging to another;</text> </level> <level label="2"> <text>A trustee, in the case of a trust; or</text> </level> <level label="3"> <text>Indebted to another on an obligation subject to this title.</text> </level> </level> <level label="m"> <text>“Indication of apparent owner interest in property” means:</text> <level label="1"> <text>A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;</text> </level> <level label="2"> <text>An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication;</text> </level> <level label="3"> <text>For an account, underlying security, or interest in a business association, the presentment of:</text> <level label="i"> <text>A check or other instrument of payment of a dividend, interest payment, or other distribution; or</text> </level> <level label="ii"> <text>Evidence of receipt of a distribution made by electronic or similar means;</text> </level> </level> <level label="4"> <text>Activity directed by an apparent owner in the account in which the property is held, including:</text> <level label="i"> <text>Accessing the account or information concerning the account; or</text> </level> <level label="ii"> <text>A direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;</text> </level> </level> <level label="5"> <text>A deposit into or withdrawal from an account at a financial institution, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;</text> </level> <level label="6"> <text>Subject to § 17–301(a)(3) of this title, payment of a premium on an insurance policy; and</text> </level> <level label="7"> <text>Any other action by the apparent owner that reasonably demonstrates to the holder that the apparent owner knows that the property exists.</text> </level> </level> <level label="n"> <text>“Insurance corporation” means any association or corporation transacting in the State the business of insurance on the lives of persons or insurance pertaining to life insurance, including endowments and annuities, disability, accident and health insurance, and property, casualty, and surety insurance, as these terms are defined in the Insurance Article.</text> </level> <level label="o"> <text>“Owner” means:</text> <level label="1"> <text>In the case of a deposit, a depositor or a person entitled to receive the funds as reflected on the records of the bank or financial organization;</text> </level> <level label="2"> <text>In the case of a trust, a beneficiary;</text> </level> <level label="3"> <text>In the case of other choses in action, a creditor, claimant, or payee;</text> </level> <level label="4"> <text>In the case of abandoned property in federal custody, the person who is defined as the owner by any applicable federal law;</text> </level> <level label="5"> <text>Any person who has a legal or equitable interest in property subject to this title, or the legal representative of that person; or</text> </level> <level label="6"> <text>In the case of a pension account or retirement account that qualifies for tax deferral under the income tax provisions of the Internal Revenue Code, the payee.</text> </level> </level> <level label="p"> <text>“Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, an individual, business association, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.</text> </level> <level label="q"> <text>“Personal property” does not include:</text> <level label="1"> <text>A gift certificate or a gift card;</text> </level> <level label="2"> <text>Credits in connection with the sale of consumer goods to a wholesaler or retailer in the ordinary course of business;</text> </level> <level label="3"> <text>Outstanding checks or credits issued to vendors or commercial customers in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization;</text> </level> <level label="4"> <text>Credit balances in vendor or commercial customer accounts that occur in the ordinary course of business, other than property described in § 17–301.1(a) of this title held by a banking organization or financial organization; or</text> </level> <level label="5"> <text>Purchase price rebates issued to customers in the ordinary course of business.</text> </level> </level> <level label="r"> <text>“Record” means information that is:</text> <level label="1"> <text>Inscribed on a tangible medium; or</text> </level> <level label="2"> <text>Stored in an electronic or other medium and retrievable in perceivable form.</text> </level> </level> <level label="s"> <text>“Service charge” means any type of deduction or charge made by a holder on property presumed abandoned under this title.</text> </level> <level label="t"> <text>“Utility” means any person who owns or operates in the State, for public use, any plant, equipment, property, franchise, or license for the transmission of communications, for the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas, or for the transportation of persons or property.</text> </level> <level label="u"> <level label="1"> <text>“Virtual currency” means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States.</text> </level> <level label="2"> <text>“Virtual currency” does not include:</text> <level label="i"> <text>The software or protocols governing the transfer of the digital representation of value;</text> </level> <level label="ii"> <text>Game–related digital content; or</text> </level> <level label="iii"> <text>A loyalty card.</text> </level> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-102" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>The Administrator shall create a division of the office, to be known as the abandoned property office, for the purpose of administering the provisions of this title.</text> </level> <level label="b"> <text>An appropriation shall be made annually for the maintenance of the office and to provide sufficient staff to adequately enforce the provisions of this title.</text> </level> <level label="c"> <text>Other divisions of the office of the Administrator, as well as every State officer and employee generally, shall assist in the enforcement of this title in connection with the performance of their normal duties.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-103" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>The Administrator may adopt the necessary rules and regulations to carry out the provisions of this title.</text> </level> <level label="b"> <text>The Administrator may continue to regulate the imposition of service charges on property during the period of time giving rise to the presumption of abandonment by adopting rules and regulations relating to service charges.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-104" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>Except as provided in subsection (b) of this section, this title does not apply to any property that:</text> <level label="1"> <text>Has been presumed abandoned or escheated under the laws of another state before June 1, 1966; or</text> </level> <level label="2"> <text>Is contained in an account that was established under:</text> <level label="i"> <text>Title 18, Subtitle 19 of the Education Article;</text> </level> <level label="ii"> <text>Title 18, Subtitle 19A of the Education Article; or</text> </level> <level label="iii"> <text>Title 18, Subtitle 19C of the Education Article.</text> </level> </level> </level> <level label="b"> <text>This title applies to a sum payable on a check drawn against an account established under Title 18 of the Education Article.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-105" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>A requirement in this title that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.</text> </level> <level label="b"> <text>The oath or affirmation shall be made:</text> <level label="1"> <text>Before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or</text> </level> <level label="2"> <text>By a signed statement that:</text> <level label="i"> <text>Is in the document or attached to and made part of the document; and</text> </level> <level label="ii"> <text>Is expressly made under the penalties for perjury.</text> </level> </level> </level> <level label="c"> <text>If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.</text> </level> <level label="d"> <text>A document made under oath shall be signed:</text> <level label="1"> <text>For a corporation, by an officer of the corporation authorized to do so;</text> </level> <level label="2"> <text>For a sole proprietorship, by its owner; or</text> </level> <level label="3"> <text>For a partnership, by a partner authorized to do so.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-201" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <text>The Administrator shall:</text> <level label="1"> <text>Attempt to discover abandoned property in federal custody that is unclaimed by an owner who is presumed to have an address in this State; and</text> </level> <level label="2"> <text>Institute proceedings for a judicial determination of this State’s rights to receive custody of any abandoned property in federal custody.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-202" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <level label="a"> <text>The Administrator shall endeavor to enter into an agreement with the federal government concerning abandoned property in federal custody.</text> </level> <level label="b"> <text>The agreement shall provide:</text> <level label="1"> <text>Unless federal law provides otherwise, that tangible abandoned property in federal custody that was initially acquired in this State shall be delivered to the Administrator;</text> </level> <level label="2"> <text>That if the last known address of any owner of intangible abandoned property in federal custody is in this State:</text> <level label="i"> <text>The situs of the abandoned property is in this State, and the abandoned property shall be delivered to the Administrator; and</text> </level> <level label="ii"> <text>That the address of any other owner of the abandoned property in federal custody is determined by federal law;</text> </level> </level> <level label="3"> <text>For payment of the State’s proportionate share of costs incurred by the federal government in:</text> <level label="i"> <text>Investigating records of abandoned property;</text> </level> <level label="ii"> <text>Reporting information about abandoned property to the Administrator; and</text> </level> <level label="iii"> <text>Delivering the abandoned property to the Administrator;</text> </level> </level> <level label="4"> <text>The manner and times of payment, including a provision that payments may be made at stated times over a period of years;</text> </level> <level label="5"> <text>That this State indemnifies the federal government against any claim made as a result of the delivery of abandoned property to this State under the agreement; and</text> </level> <level label="6"> <text>That the Attorney General of this State shall intervene in any action or proceeding brought against the federal government as a result of action taken in accordance with the agreement.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-203" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <text>As to any claim made because of action taken in accordance with an agreement made under this subtitle:</text> <level label="1"> <text>This State consents to suit by any claimant against the federal government; and</text> </level> <level label="2"> <text>Any defense of the federal government is available to this State.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-204" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <level label="a"> <text>The Governor shall certify to the federal government the provisions of an agreement made under this subtitle.</text> </level> <level label="b"> <text>The certification shall be made on the thirtieth of June next following the effective date of the agreement as provided by federal law.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-205" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <level label="a"> <text>When the federal government reports abandoned property to the Administrator under the agreement, the Administrator shall forward a copy of the report to the clerk of the circuit court for each county in the State.</text> </level> <level label="b"> <text>Each clerk of the circuit court shall post the report of abandoned property in federal custody at the court house for the county for 60 days.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-206" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <level label="a"> <text>Any person who asserts an interest in abandoned property in federal custody:</text> <level label="1"> <text>May elect to claim against the federal government; or</text> </level> <level label="2"> <text>Within 90 days of the posting of the report of abandoned property in federal custody, shall notify the Administrator of the asserted interest and intent to claim.</text> </level> </level> <level label="b"> <text>If the Administrator receives notice under this section, the abandoned property in question shall be omitted from any claim by this State until a final judicial determination is made of the claim.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-207" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <text>If a judicial determination is made against a claimant of abandoned property in federal custody, the claimant may not assert a claim against this State.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-208" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <text>The expiration of any limitations period set by statute or court order does not affect the right of this State to acquire possession of abandoned property in federal custody.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-209" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="2" subtitle_name="Abandoned Property in Federal Custody"> <text>This subtitle shall be construed to effect its general purpose to make uniform the laws of those states which enact it.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-301" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>For purposes of this subtitle:</text> <level label="1"> <text>An action by an agent or other representative of an apparent owner, other than a holder acting as the apparent owner’s agent, is presumed to be an action on behalf of the apparent owner; and</text> </level> <level label="2"> <text>A communication with an apparent owner by a person other than the holder or the holder’s representative is not an indication of apparent owner interest in property unless a record of the communication evidences the apparent owner’s knowledge of a right to the property.</text> </level> </level> <level label="b"> <text>When determining the address of an apparent owner under this subtitle:</text> <level label="1"> <level label="i"> <text>The last known address of an apparent owner includes any description, code, or other indication of the location of the apparent owner that identifies a state; and</text> </level> <level label="ii"> <text>An indication of the location of the apparent owner that identifies a state does not need to be sufficient to direct the delivery of first–class mail to the apparent owner;</text> </level> </level> <level label="2"> <text>This State is deemed to be the state of the last known address of the apparent owner if:</text> <level label="i"> <text>The postal zip code associated with the apparent owner is for a post office located in this State; and</text> </level> <level label="ii"> <text>There are no other records associated with the apparent owner that specifically identify the physical address of the apparent owner to be in another state;</text> </level> </level> <level label="3"> <text>Another state is deemed to be the state of the last known address of the apparent owner if:</text> <level label="i"> <text>The postal zip code associated with the apparent owner is for a post office located outside this State; and</text> </level> <level label="ii"> <text>There are no other records associated with the apparent owner that specifically identify the physical address of the apparent owner to be in this State; and</text> </level> </level> <level label="4"> <text>The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if:</text> <level label="i"> <text>A person other than the insured or annuitant is entitled to the amount owed under the policy or contract; and</text> </level> <level label="ii"> <text>The address of the person entitled to the amount owed under the policy or contract is:</text> <level label="1"> <text>Not known by the insurance company; and</text> </level> <level label="2"> <text>Cannot be determined under § 17–301.1(d) of this subtitle.</text> </level> </level> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-301.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>For purposes of this section and subject to paragraph (2) of this subsection, a holder shall be deemed to no longer have a valid address for the owner of the property as of the later of:</text> <level label="i"> <text>The date a second communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if:</text> <level label="1"> <text>The holder sent the second communication to the apparent owner by first–class mail; and</text> </level> <level label="2"> <text>A previous communication was:</text> </level> <level label="A"> <text>Sent by first–class mail;</text> </level> <level label="B"> <text>Sent immediately preceding the second communication; and</text> </level> <level label="C"> <text>Returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner; or</text> </level> </level> <level label="ii"> <text>The date a previous communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if the holder:</text> <level label="1"> <text>Sent the previous communication to the apparent owner:</text> </level> <level label="A"> <text>By first–class mail; and</text> </level> <level label="B"> <text>Immediately preceding a second communication; and</text> </level> <level label="2"> <text>Sent the second communication to the apparent owner:</text> </level> <level label="A"> <text>By first–class mail; and</text> </level> <level label="B"> <text>More than 30 days after the previous communication under this subparagraph was sent.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, if the holder does not send communications to an apparent owner by first–class mail, the holder shall attempt to confirm the apparent owner’s interest in the property by e–mailing the apparent owner not later than 2 years after the apparent owner’s last indication of interest in the property.</text> </level> <level label="ii"> <text>The holder shall promptly attempt to contact the apparent owner by first–class mail if:</text> <level label="1"> <text>The holder does not have the information needed to send an e–mail to the apparent owner;</text> </level> <level label="2"> <text>The holder believes the apparent owner’s e–mail address in the holder’s records is not valid;</text> </level> <level label="3"> <text>The holder receives notification that the e–mail was not received; or</text> </level> <level label="4"> <text>The apparent owner does not respond to the e–mail communication within 30 days after the e–mail was sent.</text> </level> </level> <level label="iii"> <level label="1"> <text>If a mailing sent in accordance with subparagraph (ii) of this paragraph is returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the mailing shall constitute a communication for purposes of paragraph (1) of this subsection.</text> </level> <level label="2"> <text>If a mailing sent in accordance with subparagraph (ii) of this paragraph is not returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the holder shall be presumed to have a valid address for the owner of the property.</text> </level> </level> </level> </level> <level label="b"> <text>The following property held by a banking or financial organization or business association is presumed abandoned:</text> <level label="1"> <text>Any demand, savings, or matured time deposit account made with a banking organization, together with any interest or dividend on it, excluding any charges that lawfully may be withheld, 3 years after the later of:</text> <level label="i"> <text>The date the holder is deemed to no longer have a valid address for the owner of the property; or</text> </level> <level label="ii"> <text>The date the owner last:</text> <level label="1"> <text>Increased or decreased the amount of the deposit;</text> </level> <level label="2"> <text>Presented evidence of the deposit for the crediting of interest;</text> </level> <level label="3"> <text>Corresponded in writing with the banking organization concerning the deposit;</text> </level> <level label="4"> <text>Accessed the account or information concerning the account;</text> </level> <level label="5"> <text>Engaged in any credit, trust, or other deposit transaction with the banking organization; or</text> </level> <level label="6"> <text>Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization;</text> </level> </level> </level> <level label="2"> <text>Any funds paid toward the purchase of shares or other interest in a financial organization, or any deposit made with these funds, and any interest or dividends on these, excluding any charges that lawfully may be withheld, 3 years after the later of:</text> <level label="i"> <text>The date the holder is deemed to no longer have a valid address for the owner of the property; or</text> </level> <level label="ii"> <text>The date the owner last:</text> <level label="1"> <text>Increased or decreased the amount of the funds or deposit, or presented an appropriate record for the crediting of interest or dividends;</text> </level> <level label="2"> <text>Corresponded in writing with the financial organization concerning the funds or deposit;</text> </level> <level label="3"> <text>Accessed the account or information concerning the account;</text> </level> <level label="4"> <text>Engaged in any credit, share, or other deposit transaction with the financial organization; or</text> </level> <level label="5"> <text>Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum on file with the financial organization;</text> </level> </level> </level> <level label="3"> <text>Any sum payable on a check certified in this State or on a written instrument issued in this State on which a banking or financial organization or business association is directly liable, including any certificate of deposit, draft, traveler’s check, and money order, that has been outstanding for more than 3 years from the date it was payable (or 15 years in the case of a traveler’s check) or, if payable on demand, from the date of its issuance, unless, within 3 years or 15 years in the case of a traveler’s check, the owner has:</text> <level label="i"> <text>Corresponded in writing with the banking or financial organization or business association concerning it;</text> </level> <level label="ii"> <text>Accessed the account or information concerning the account; or</text> </level> <level label="iii"> <text>Otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association; and</text> </level> </level> <level label="4"> <text>Any property removed from a safekeeping repository on which the lease or rental period has expired or any surplus amounts arising from the sale of the property pursuant to law, that have been unclaimed by the owner for more than 3 years from the date on which the lease or rental period expired.</text> </level> </level> <level label="c"> <text>Nothing in this section shall be construed to apply to any demand, savings, or matured time deposits that are designated subject to the order of any court of this State.</text> </level> <level label="d"> <text>Property is subject to the custody of this State as unclaimed property if the conditions raising a presumption of abandonment under this section are met and:</text> <level label="1"> <text>The last known address, as shown on the records of the holder, of the apparent owner is in this State;</text> </level> <level label="2"> <text>The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;</text> </level> <level label="3"> <text>The records of the holder do not reflect the last known address of the apparent owner, and it is established that:</text> <level label="i"> <text>The last known address of the person entitled to the property is in this State; or</text> </level> <level label="ii"> <text>The holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the State of the last known address of the apparent owner or other person entitled to the property;</text> </level> </level> <level label="4"> <text>The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;</text> </level> <level label="5"> <text>The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or</text> </level> <level label="6"> <text>The transaction out of which the property arose occurred in this State and:</text> <level label="i"> <text>The last known address of the apparent owner or other person entitled to the property is unknown or the last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and</text> </level> <level label="ii"> <text>The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.</text> </level> </level> </level> <level label="e"> <text>The running of the 3–year period of abandonment ceases immediately on:</text> <level label="1"> <text>The holder obtaining a valid address for the owner of the property; or</text> </level> <level label="2"> <text>The occurrence of an action referred to in subsection (b)(1)(ii) or (2)(ii) of this section.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-302" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed abandoned if unclaimed for more than 3 years after the funds first become due and payable in accordance with:</text> <level label="1"> <text>The insurance policy or annuity contract; or</text> </level> <level label="2"> <text>Section 16–118 of the Insurance Article.</text> </level> </level> <level label="b"> <text>For purposes of this subtitle, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the insurance company is matured and the proceeds due and payable if:</text> <level label="1"> <text>The company knows that the insured or annuitant has died; or</text> </level> <level label="2"> <level label="i"> <text>The insured has attained, or would have attained if the insured were living, the limiting age under the mortality table on which the reserve is based;</text> </level> <level label="ii"> <text>The policy was in force at the time the insured attained, or would have attained, the limiting age specified in item (i) of this paragraph; and</text> </level> <level label="iii"> <text>Neither the insured nor any other person appearing to have an interest in the policy within the preceding 3 years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company.</text> </level> </level> </level> <level label="c"> <level label="1"> <level label="i"> <text>“Unclaimed funds”, as defined in paragraph (2) of this subsection, held by a fire, casualty, or surety insurance corporation, shall be presumed abandoned if the last known address of the person entitled to the funds, according to the records of the corporation, is in this State.</text> </level> <level label="ii"> <text>If a person other than the insured, the principal, or the claimant is entitled to the funds and the address of the person is not known to the corporation or if it is not definite and certain from the records of the corporation which person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation.</text> </level> </level> <level label="2"> <text>“Unclaimed funds”, as used in this subsection, means all money held by any fire, casualty, or surety insurance corporation unclaimed and unpaid for more than 3 years after the money becomes due and payable, as established from the records of the corporation, either to an insured, a principal, or a claimant under any fire, casualty, or surety insurance policy or contract.</text> </level> </level> <level label="d"> <text>Money otherwise payable according to the records of the corporation is considered due and payable although the policy or contract has not been surrendered as required.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-302.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>In this section, “death master file” means:</text> <level label="1"> <text>The Social Security Administration Death Master File; or</text> </level> <level label="2"> <text>Any other database or service that is at least as comprehensive as the Social Security Administration Death Master File for determining that an individual reportedly has died.</text> </level> </level> <level label="b"> <text>For purposes of this section:</text> <level label="1"> <text>A death master file match described under subsection (c)(3) and (4) of this section occurs if the criteria for an exact or partial match are satisfied as provided by:</text> <level label="i"> <text>The Insurance Article; or</text> </level> <level label="ii"> <text>A rule or policy adopted by the Maryland Insurance Commissioner.</text> </level> </level> <level label="2"> <text>A death master file match or validation of the insured’s or annuitant’s death does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract.</text> </level> <level label="3"> <text>An insured or an annuitant is presumed dead if the date of the insured’s or annuitant’s death is indicated by a death master file match described under subsection (c)(3) and (4) of this section, unless the insurance company has competent and substantial evidence that the insured or annuitant is living, including a contact made by the company with the insured or annuitant or the insured’s or annuitant’s legal representative.</text> </level> </level> <level label="c"> <text>With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but that has not matured by proof of death of the insured or annuitant, the insurance company shall be deemed to have knowledge of the death of an insured or annuitant when:</text> <level label="1"> <text>The company receives a death certificate or court order determining that the insured or annuitant has died;</text> </level> <level label="2"> <text>The company receives notice of the death of the insured or annuitant from:</text> <level label="i"> <text>The Administrator or an unclaimed property administrator of another state;</text> </level> <level label="ii"> <text>A beneficiary;</text> </level> <level label="iii"> <text>A policy owner;</text> </level> <level label="iv"> <text>A relative of the insured or annuitant;</text> </level> <level label="v"> <text>A representative of the insured or annuitant, including an administrator, a guardian, a standby guardian, or a temporary guardian; or</text> </level> <level label="vi"> <text>An executor or other legal representative of the insured’s or annuitant’s estate;</text> </level> </level> <level label="3"> <level label="i"> <text>The company conducts a comparison for any purpose between a death master file and the names of some or all of the company’s insureds or annuitants; and</text> </level> <level label="ii"> <text>Finds a match that provides notice that the insured or annuitant has died; or</text> </level> </level> <level label="4"> <level label="i"> <text>The Administrator or the Administrator’s agent in the normal course of business conducts a comparison for the purpose of finding matches between a death master file and the names of some or all of the company’s insureds or annuitants; and</text> </level> <level label="ii"> <text>Finds a match that provides notice that the insured or annuitant has died.</text> </level> </level> </level> <level label="d"> <text>A holder of funds under § 17–302 of this subtitle shall, on at least an annual basis:</text> <level label="1"> <text>Conduct a death master file examination and comparison described under subsection (c)(3) of this section on all insureds and annuitants; and</text> </level> <level label="2"> <text>Make a record of the date on which any examination and comparison under item (1) of this subsection occurs.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-303" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>The following funds held by any utility are presumed abandoned:</text> <level label="1"> <text>Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in the State, less any lawful deduction, that has remained unclaimed by the person who appears on the records of the utility as entitled to it for more than 3 years after the termination of the services for which the deposit or advance payment was made;</text> </level> <level label="2"> <text>Any sum which a utility has been ordered to refund and which was received for utility services rendered in the State, together with any interest on it, less any lawful deduction, that has remained unclaimed by the person appearing on the records of the utility as entitled to it for more than 3 years after the date it became payable in accordance with the final determination or order providing for the refund; and</text> </level> <level label="3"> <text>Any sum paid to a utility for a utility service, which service has not been rendered within 3 years of the payment.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-304" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>For purposes of this section and subject to paragraph (2) of this subsection, a holder shall be deemed to no longer have a valid address for the owner of the property as of the later of:</text> <level label="i"> <text>The date a second communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if:</text> <level label="1"> <text>The holder sent the second communication to the apparent owner by first–class mail; and</text> </level> <level label="2"> <text>A previous communication was:</text> </level> <level label="A"> <text>Sent by first–class mail;</text> </level> <level label="B"> <text>Sent immediately preceding the second communication; and</text> </level> <level label="C"> <text>Returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner; or</text> </level> </level> <level label="ii"> <text>The date a previous communication is returned by the U.S. Postal Service to a holder as undeliverable to an apparent owner, if the holder:</text> <level label="1"> <text>Sent the previous communication to the apparent owner:</text> </level> <level label="A"> <text>By first–class mail; and</text> </level> <level label="B"> <text>Immediately preceding a second communication; and</text> </level> <level label="2"> <text>Sent the second communication to the apparent owner:</text> </level> <level label="A"> <text>By first–class mail; and</text> </level> <level label="B"> <text>More than 30 days after the previous communication under this subparagraph was sent.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, if the holder does not send communications to an apparent owner by first–class mail, the holder shall attempt to confirm the apparent owner’s interest in the property by e–mailing the apparent owner not later than 2 years after the apparent owner’s last indication of apparent owner interest in the property.</text> </level> <level label="ii"> <text>The holder shall promptly attempt to contact the apparent owner by first–class mail if:</text> <level label="1"> <text>The holder does not have the information needed to send an e–mail to the apparent owner;</text> </level> <level label="2"> <text>The holder believes the apparent owner’s e–mail address in the holder’s records is not valid;</text> </level> <level label="3"> <text>The holder receives notification that the e–mail was not received; or</text> </level> <level label="4"> <text>The apparent owner does not respond to the e–mail communication within 30 days after the e–mail was sent.</text> </level> </level> <level label="iii"> <level label="1"> <text>If a mailing sent in accordance with subparagraph (ii) of this paragraph is returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the mailing shall constitute a communication for purposes of paragraph (1) of this subsection.</text> </level> <level label="2"> <text>If a mailing sent in accordance with subparagraph (ii) of this paragraph is not returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner, the holder shall be presumed to have a valid address for the owner of the property.</text> </level> </level> </level> </level> <level label="b"> <text>Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held by a business association for or to a shareholder, certificate holder, member, bondholder or other security holder, or participating patron of a cooperative is presumed abandoned 3 years after the later of:</text> <level label="1"> <text>The date the holder is deemed to no longer have a valid address for the owner of the property; or</text> </level> <level label="2"> <text>The date the owner last communicated with the business association regarding the property if:</text> <level label="i"> <text>It is held by a business association organized under the laws of or created in this State;</text> </level> <level label="ii"> <text>It is held by a business association doing business in this State but not organized under the laws of this State, and the records of the business association indicate that the last known address of the person entitled to it is in this State; or</text> </level> <level label="iii"> <text>It is held by a business association not doing business in this State and not organized under the laws of this State, but the records of the business association indicate that the last known address of the person entitled to it is in this State.</text> </level> </level> </level> <level label="c"> <text>This section shall apply to the stock or other certificate of ownership on, for or from which the amounts described in subsection (b) of this section have been presumed abandoned only if:</text> <level label="1"> <text>The holder is deemed to no longer have a valid address for the owner of the property for the preceding 3 years; or</text> </level> <level label="2"> <text>The owner of said underlying stock or certificate has not, within the 3–year period giving rise to the presumption of abandonment:</text> <level label="i"> <text>Communicated in writing with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or</text> </level> <level label="ii"> <text>Otherwise communicated with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>At the expiration of a 3–year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least 3 dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner.</text> </level> <level label="2"> <text>If 3 dividends, distributions, or other sums are paid during the 3–year period, the period leading to a presumption of abandonment commences on the date payment of the first such unclaimed dividend, distribution, or other sum became due and payable.</text> </level> <level label="3"> <text>If 3 dividends, distributions, or other sums are not paid during the presumptive period, the period continues to run until there have been 3 dividends, distributions, or other sums that have not been claimed by the owner.</text> </level> </level> <level label="e"> <level label="1"> <text>The running of the 3–year period of abandonment ceases immediately upon:</text> <level label="i"> <text>The holder obtaining a valid address for the owner of the property; or</text> </level> <level label="ii"> <text>The occurrence of a communication referred to in subsection (c)(2) of this section.</text> </level> </level> <level label="2"> <text>If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable.</text> </level> </level> <level label="f"> <text>At the time an interest is presumed abandoned under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned.</text> </level> <level label="g"> <text>This section does not apply to:</text> <level label="1"> <text>Any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the Administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that:</text> <level label="i"> <text>The holder is deemed to no longer have a valid address for the owner of the stock or other intangible ownership interest; or</text> </level> <level label="ii"> <text>The owner has not within 3 years communicated in any manner described in subsection (c)(2) of this section; or</text> </level> </level> <level label="2"> <text>Nonescheat capital credits, as defined in § 5–650.1 of the Corporations and Associations Article.</text> </level> </level> <level label="h"> <level label="1"> <text>The holder of an interest under this section shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the Administrator.</text> </level> <level label="2"> <text>Upon delivery of a duplicate certificate to the Administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provision of § 17–313 of this subtitle to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the Administrator, for any losses or damages resulting to any person by the issuance and delivery to the Administrator of the duplicate certificate.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-305" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>All tangible or intangible personal property distributable on forfeiture of the charter or voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of this State, that is unclaimed by the owner 60 days after the date of final distribution, is presumed abandoned.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-306" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>All intangible personal property and any income or increment on it, held in a fiduciary capacity for the benefit of another person, is presumed abandoned unless, within 3 years after it becomes payable or distributable, the owner has increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-306.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>In this section, “returned as undeliverable” means returned by the U.S. Postal Service to the holder as undeliverable to the apparent owner.</text> </level> <level label="b"> <text>Property held in a pension account or retirement account that qualifies for tax deferral under the income tax provisions of the Internal Revenue Code is presumed abandoned if it is unclaimed by an apparent owner of the account after the later of:</text> <level label="1"> <text>Subject to subsections (d) through (f) of this section, 3 years after:</text> <level label="i"> <text>The date a first communication sent by the holder by first–class mail to the apparent owner is returned as undeliverable; or</text> </level> <level label="ii"> <text>The date a second communication sent by the holder by first–class mail to the apparent owner is returned as undeliverable, if the second communication is sent within 30 days after the date of the first communication under item (i) of this item is returned as undeliverable; or</text> </level> </level> <level label="2"> <text>If applicable, the earlier of the following dates:</text> <level label="i"> <text>3 years after the date the apparent owner becomes 72 years old, if determinable by the holder; or</text> </level> <level label="ii"> <text>Subject to subsection (c) of this section, if the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder:</text> <level label="1"> <text>Receives confirmation of the death of the apparent owner in the ordinary course of its business; or</text> </level> <level label="2"> <text>Confirms the death of the apparent owner.</text> </level> </level> </level> </level> <level label="c"> <text>For purposes of establishing a presumption of abandoned property under this section, if a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection (b)(2)(ii) of this section applies, the holder shall attempt not later than 90 days after receipt of the notice or indication to confirm whether the apparent owner is deceased.</text> </level> <level label="d"> <text>Subject to subsection (e) of this section, if the holder does not send communications to the apparent owner of an account by first–class mail as described in subsection (b) of this section, the holder shall attempt to confirm the apparent owner’s interest in the property by sending the apparent owner an e–mail not later than 2 years after the last indication of apparent owner interest in the property.</text> </level> <level label="e"> <text>The holder shall promptly attempt to contact the apparent owner by registered mail if:</text> <level label="1"> <text>The holder does not have information needed to send the apparent owner an e–mail or the holder believes that the apparent owner’s e–mail address in the holder’s records is not valid;</text> </level> <level label="2"> <text>The holder receives notification that the e–mail was not received; or</text> </level> <level label="3"> <text>The apparent owner does not respond to the e–mail within 30 days after the holder sends the e–mail.</text> </level> </level> <level label="f"> <level label="1"> <text>If the registered mail sent by the holder under subsection (e) of this section is returned as undeliverable:</text> <level label="i"> <text>The registered mail shall constitute a first communication for purposes of subsection (b)(1)(i) of this section; and</text> </level> <level label="ii"> <text>The holder shall send a second communication to the apparent owner by first–class mail.</text> </level> </level> <level label="2"> <level label="i"> <text>If the second communication under paragraph (1)(ii) of this subsection is returned as undeliverable within 30 days after sending the first communication under paragraph (1)(i) of this subsection, the date the second communication is returned as undeliverable shall constitute the date for purposes of subsection (b)(1)(ii) of this section.</text> </level> <level label="ii"> <text>If the second communication under paragraph (1)(ii) of this subsection is sent more than 30 days after the first communication under paragraph (1)(i) of this subsection is returned as undeliverable, the date the first communication is returned as undeliverable shall control for purposes of determining a date under subsection (b)(1) of this section.</text> </level> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-307" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>All intangible personal property held for the owner by any court, public corporation, public authority, or public officer of this State or any political subdivision of it that has remained unclaimed by the owner for more than 3 years is presumed abandoned.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-307.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>The balance of the proceeds from the sale of personal property stored at a self–service storage facility that is unclaimed after the expiration of the 1 year period specified in § 18–504(e) of this article is presumed abandoned.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-307.2" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Virtual currency is presumed abandoned if it remains unclaimed 5 years after the last indication of apparent owner interest in the property.</text> </level> <level label="b"> <text>Within 30 days before the filing of the report required under § 17–310 of this subtitle, the holder of abandoned virtual currency shall liquidate the virtual currency.</text> </level> <level label="c"> <text>The holder shall remit any liquidation proceeds to the Administrator.</text> </level> <level label="d"> <text>Notwithstanding any other provision under this subtitle, an owner has no right of recourse against a holder or the Administrator to recover any gain in value to the virtual currency that occurs after the liquidation described under subsection (b) of this section.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-308" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>All unclaimed wages or outstanding payroll checks held or owing in the ordinary course of the holder’s business, that have remained unclaimed by the owner for more than 3 years after they became payable, are presumed abandoned.</text> </level> <level label="b"> <text>All intangible personal property, not otherwise covered by this title, including any income or increment on it and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than 3 years after it became payable or distributable, is presumed abandoned.</text> </level> <level label="c"> <text>Property is payable or distributable for the purpose of this title notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.</text> </level> <level label="d"> <text>Property is reportable to this State under subsection (b) of this section under the priority rules established under § 17–301.1(d) of this subtitle.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-308.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>A holder may not impose any charges on a dormant or inactive account or cease payment or accrual of any benefits, including dividends or interest on property during the period of time giving rise to the presumption of abandonment unless:</text> <level label="1"> <text>The charges or cessation of any benefit are provided for in a valid, enforceable and written contract between the holder and the owner which specifies the amount or rate of the charges and that the benefit will cease;</text> </level> <level label="2"> <text>For property in excess of $2, the holder gives written notice to the owner at the owner’s last known address before the proposed action; and</text> </level> <level label="3"> <text>The holder imposes charges or ceases accrual or payment of benefits on all dormant or inactive accounts, and does not reverse or otherwise cancel the charges or retroactively pay or accrue benefits with respect to those accounts.</text> </level> </level> <level label="b"> <text>A holder may consider a money order dormant or inactive for purposes of imposing a service charge if the owner has taken none of the actions set forth in § 17–301.1(b)(3) of this subtitle for 1 year from the date of issuance of the money order.</text> </level> <level label="c"> <text>The notice required in this section is not required with respect to charges imposed or benefits that ceased prior to July 1, 1981.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-308.2" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>Not more than 120 days or less than 30 days before the filing of the report required under § 17–310 of this subtitle, the holder in possession of presumed abandoned property shall send a written notice by first–class mail to the apparent owner of presumed abandoned property valued at $100 or more to the owner’s last known address informing the owner that:</text> <level label="1"> <text>The holder is in possession of property subject to the provisions of this title; and</text> </level> <level label="2"> <text>The property will be considered abandoned unless the owner responds within 30 days of the notification to the holder.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-309" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>If specific property which is subject to the provisions of this subtitle is held for an owner whose last known address is in another state, the specific property is not presumed abandoned in this State and is not subject to this subtitle if:</text> <level label="1"> <text>It may be claimed as abandoned or escheated under the laws of the other state; and</text> </level> <level label="2"> <text>The laws of the other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by the other state when held for an owner whose last known address is in this State.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-310" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Every person holding funds or other tangible or intangible property presumed abandoned under this subtitle shall report to the Administrator with respect to the property as provided in this section.</text> </level> <level label="b"> <text>The report shall be made under oath and shall include:</text> <level label="1"> <text>The name, if known, and last known address, if any, of each person who appears from the records of the holder to be the owner of any property valued at $100 or more and presumed abandoned under this subtitle;</text> </level> <level label="2"> <text>In case of unclaimed funds of an insurance corporation, the full name of the insured, annuitant, principal, or claimant, and the last known address according to the insurance corporation’s records;</text> </level> <level label="3"> <text>The nature and identifying number, if any, or description of the property and the amount which appears from the records to be due, except that items valued at less than $100 each may be reported in the aggregate;</text> </level> <level label="4"> <text>The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and</text> </level> <level label="5"> <text>Any other information which the Administrator prescribes by rule as necessary for the administration of this title.</text> </level> </level> <level label="c"> <text>If the person holding property presumed abandoned is a successor to any other person who previously held the property for the owner, or if the holder has changed his name while holding the property, the person shall file with the report all prior known names and addresses of each holder of the property.</text> </level> <level label="d"> <text>The report shall be for the period of July 1 through June 30 of each year and filed no later than October 31 of that year. However, the reporting period for an insurance corporation shall be from January 1 through December 31 of each year and the report shall be filed no later than April 30 of the following year. The Administrator may postpone the reporting date on the written request of any person required to file a report.</text> </level> <level label="e"> <text>Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-310.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>In case any banking or financial organization, insurance corporation, or utility neither holds nor owes any abandoned property specified in this title on June 30 of any year, it shall make a written report to the Administrator so stating as provided in this section.</text> </level> <level label="b"> <text>The report shall be signed by the holder who, by signing, attests to the veracity of the report.</text> </level> <level label="c"> <text>The report shall be made on a standard form and include information that the Administrator requires.</text> </level> <level label="d"> <level label="1"> <text>For banking or financial organizations, the report shall be for the period of July 1 through June 30 and shall be filed no later than October 31 of the same year.</text> </level> <level label="2"> <text>For insurance corporations, the report shall be for the period of January 1 through December 31 of each year, and shall be filed no later than April 30 of the following year.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-311" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>Within 365 days from the filing of the report required by § 17-310 of this subtitle, the Administrator shall cause notice to be published in a newspaper of general circulation in the county in the State within which is located the last known address of any person to be named in the notice.</text> </level> <level label="2"> <text>If an address is not listed or if the address is outside the State, the notice shall be published in the county within which the person who held the abandoned property has the principal place of business in this State.</text> </level> </level> <level label="b"> <text>The published notice shall be entitled “Notice of Names of Persons Appearing to Be Owners of Abandoned Property” and shall contain:</text> <level label="1"> <text>The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice in the county specified in this section;</text> </level> <level label="2"> <text>A statement that information concerning the amount or description of the property and the name and address of the person who held the property may be obtained by any person who possesses an interest in the property, by addressing an inquiry to the Administrator; and</text> </level> <level label="3"> <text>A statement that a proof of claim may be presented by the owner to the Administrator.</text> </level> </level> <level label="c"> <text>The Administrator is not required to publish in the notice any item valued at less than $50 unless the Administrator considers the publication to be in the public interest.</text> </level> <level label="d"> <text>Within 120 days from the receipt of the report required by § 17-310 of this subtitle, the Administrator shall mail a notice to each person who has an address listed in the report who appears entitled to property valued at $100 or more and presumed abandoned under this subtitle.</text> </level> <level label="e"> <text>The mailed notice shall contain:</text> <level label="1"> <text>A statement that, according to a report filed with the Administrator, property is being held to which the addressee appears entitled;</text> </level> <level label="2"> <text>The name and address of the person who held the property and any necessary information regarding any change of the name or address of the holder; and</text> </level> <level label="3"> <text>A statement that a proof of claim may be presented by the owner to the Administrator.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-312" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>Every person who has filed a report as provided in § 17-310 of this subtitle, at the time of the filing of the report, shall pay or deliver to the Administrator all abandoned property specified in the report.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-313" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>On the payment or delivery of any abandoned property under this title to the Administrator, the State shall assume custody and shall be responsible for its safekeeping. Any person who pays or delivers abandoned property to the Administrator under this title is relieved of all liability, to the extent of the value of the property paid or delivered, for any claim which exists or may arise with respect to the property. Any holder who has paid money to the Administrator under this title may make payment to any person who appears to the holder to be entitled to it and, on proof of the payment and proof that the payee was entitled to it, the Administrator immediately shall reimburse the holder for the payment.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-315" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, may not:</text> <level label="1"> <text>Prevent the money or property from being presumed abandoned property; or</text> </level> <level label="2"> <text>Affect any duty to file a report required by this subtitle or to pay or deliver abandoned property to the Administrator.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-316" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Within 1 year after delivery under this title of abandoned property other than money, the Administrator shall determine:</text> <level label="1"> <text>Whether the property has commercial value; and</text> </level> <level label="2"> <text>If the property has commercial value, the property’s commercial value.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in subsection (c) of this section, within 1 year after delivery under this title of abandoned property other than money, the Administrator shall offer the abandoned property for sale.</text> </level> <level label="2"> <text>The sale shall be to the highest bidder at public sale in whatever place in the State affords the most favorable market for the property involved.</text> </level> <level label="3"> <text>The Administrator may decline the highest bid and reoffer the property for sale if the price bid is insufficient.</text> </level> </level> <level label="c"> <level label="1"> <text>The Administrator need not offer abandoned property for sale if:</text> <level label="i"> <text>The probable cost of sale exceeds the Administrator’s estimation of the value of the property; or</text> </level> <level label="ii"> <text>The Administrator determines that the property has no commercial value.</text> </level> </level> <level label="2"> <text>If under paragraph (1) of this subsection abandoned property need not be offered for sale, the Administrator may:</text> <level label="i"> <text>Return the property to the holder;</text> </level> <level label="ii"> <text>Destroy the property; or</text> </level> <level label="iii"> <text>Otherwise dispose of the property.</text> </level> </level> </level> <level label="d"> <text>The Administrator shall give reasonable notice to the public of any sale held under this section.</text> </level> <level label="e"> <level label="1"> <text>The purchaser at any sale conducted by the Administrator under this section shall receive title to the property purchased, free from every claim of the owner or prior holder of it and of every person who claims through or under them.</text> </level> <level label="2"> <text>The Administrator shall execute all documents necessary to complete the transfer of title.</text> </level> </level> <level label="f"> <text>No action by any person may be brought or maintained against the State or any officer of the State for or on account of any transaction entered into pursuant to and in accordance with the provisions of this section.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-317" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <level label="i"> <text>All funds received under this title, including the proceeds of the sale of abandoned property under § 17–316 of this subtitle, shall be credited by the Administrator to a special fund.</text> </level> <level label="ii"> <text>The Administrator shall retain in the special fund at the end of each fiscal year, from the proceeds received:</text> <level label="1"> <text>An amount not exceeding $5,000,000 for information technology costs of the Administrator, including cybersecurity, customer relation systems, and a system for managing unclaimed property; and</text> </level> <level label="2"> <text>An amount of funds the Administrator reasonably estimates is sufficient, from which sum the Administrator shall pay any claim allowed under this title.</text> </level> </level> </level> <level label="2"> <text>After deducting all costs incurred in administering this title from the remaining net funds the Administrator shall distribute $8,000,000 to the Maryland Legal Services Corporation Fund established under § 11–402 of the Human Services Article.</text> </level> <level label="3"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, the Administrator shall distribute all unclaimed money from judgments of restitution under Title 11, Subtitle 6 of the Criminal Procedure Article to the State Victims of Crime Fund established under § 11–916 of the Criminal Procedure Article to assist victims of crimes and delinquent acts to protect the victims’ rights as provided by law.</text> </level> <level label="ii"> <text>If a victim entitled to restitution that has been treated as abandoned property under § 11–614 of the Criminal Procedure Article is located after the money has been distributed under this paragraph, the Administrator shall reduce the next distribution to the State Victims of Crime Fund by the amount recovered by the victim.</text> </level> </level> <level label="4"> <text>For fiscal year 2025 and each fiscal year thereafter, after making the distributions required under paragraphs (2) and (3) of this subsection, the Administrator shall distribute $500,000 from the remaining net funds to the Tax Clinics for Low–Income Marylanders Fund established under § 1–207 of the Tax – General Article.</text> </level> <level label="5"> <text>For each of fiscal years 2024 through 2028, after making the distributions required under paragraphs (2) through (4) of this subsection, the Administrator shall distribute $14,000,000 from the remaining net funds to the Access to Counsel in Evictions Special Fund under § 8–909 of the Real Property Article.</text> </level> <level label="6"> <text>After making the distributions required under paragraphs (2) through (5) of this subsection, the Administrator shall distribute the remaining net funds not retained under paragraph (1) of this subsection to the General Fund of the State.</text> </level> </level> <level label="b"> <level label="1"> <text>Before making the distribution, the Administrator shall record the name and last known address, if any, of the owners of funds so distributed and the type of property which the funds distributed represent.</text> </level> <level label="2"> <text>The record shall be available for public inspection during reasonable business hours by any person who claims a legal interest in any property held by the Administrator, provided that the person gives prior notice to the Administrator.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-318" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>Any person who claims a legal interest in any property delivered to the State under this title must:</text> <level label="i"> <text>File a claim to the property or to the proceeds from its sale on the form prescribed by the Administrator; and</text> </level> <level label="ii"> <text>Verify the claim as to its completeness and accuracy.</text> </level> </level> <level label="2"> <text>After a claim is filed under paragraph (1) of this subsection, the Administrator shall allow or deny the claim and provide the claimant notice of the decision.</text> </level> <level label="3"> <text>If a claim filed in accordance with this subsection is denied:</text> <level label="i"> <text>The Administrator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed;</text> </level> <level label="ii"> <text>The claimant may file an amended claim with the Administrator or commence an action under § 17–320 of this subtitle; and</text> </level> <level label="iii"> <text>The Administrator shall consider an amended claim filed under item (ii) of this paragraph as the initial claim.</text> </level> </level> <level label="4"> <text>If the Administrator does not take action on a claim during the 6–month period immediately following the filing of a claim under this subsection, the claim shall be deemed denied.</text> </level> </level> <level label="b"> <level label="1"> <text>The Administrator may waive the filing requirement under subsection (a) of this section if:</text> <level label="i"> <text>The person receiving the property or payment is the apparent owner included in a report filed under § 17–310 of this subtitle;</text> </level> <level label="ii"> <text>The Administrator reasonably believes the person is entitled to receive the property or payment; and</text> </level> <level label="iii"> <text>The property or payment has a value of $5,000 or less.</text> </level> </level> <level label="2"> <text>If the Administrator waives the filing requirement in accordance with paragraph (1) of this subsection, the Administrator shall make payment in accordance with § 17–319(b) of this subtitle.</text> </level> </level> <level label="c"> <text>The Administrator shall pay or deliver property to a claimant under this section if the Administrator receives evidence sufficient to the satisfaction of the Administrator to establish that the claimant is the owner of the property.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-319" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>The Administrator shall consider any claim filed under this title and may hold a hearing and receive evidence concerning it.</text> </level> <level label="2"> <level label="i"> <text>If a hearing is held, the Administrator shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the Administrator and the reasons for the Administrator’s decision.</text> </level> <level label="ii"> <text>The decision shall be a public record.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>If the claim is allowed, or if the Administrator waives the filing requirement in accordance with § 17–318(b) of this subtitle, the Administrator immediately shall make payment.</text> </level> <level label="2"> <text>The claim shall be paid without deduction for costs of notices or sale or for service charges.</text> </level> </level> <level label="c"> <text>In satisfying a claim the Administrator shall pay the claimant an amount equal to the sales price obtained at the public sale.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-319.1" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Not later than 6 months after a claim is allowed under § 17–318(a) of this subtitle, the Administrator shall deliver the property to the owner or pay to the owner the net proceeds of a sale of the property.</text> </level> <level label="b"> <text>The Administrator may apply property held under this title by the Administrator to a claim for the payment of a debt owed to the State identified by or certified to the Administrator, including debts for unpaid State, county, or municipal tax.</text> </level> <level label="c"> <text>Before delivery to an owner of property or payment to an owner for net proceeds of a sale of property, the Administrator shall:</text> <level label="1"> <text>Apply the property or net proceeds to any debt under subsection (b) of this section that the Administrator determines is owed by the owner;</text> </level> <level label="2"> <text>Pay the amount identified by or certified to the Administrator under subsection (b) of this section; and</text> </level> <level label="3"> <text>Notify the owner of any payment toward a debt under subsection (b) of this section that the Administrator determines is owed by the owner.</text> </level> </level> <level label="d"> <level label="1"> <text>The Administrator may make periodic inquiries of State and local agencies in the absence of a claim filed under § 17–318(a) of this subtitle to determine whether an apparent owner included in the unclaimed property records of the State has enforceable debts under subsection (b) of this section.</text> </level> <level label="2"> <text>If the Administrator identifies an enforceable debt during a periodic inquiry, the Administrator shall:</text> <level label="i"> <text>Apply the property or net proceeds of a sale of the property held by the Administrator to the debt of an apparent owner who appears in the records of the Administrator;</text> </level> <level label="ii"> <text>Pay the amount identified by or certified to the Administrator under subsection (b) of this section; and</text> </level> <level label="iii"> <text>Notify the owner of any payment toward a debt under subsection (b) of this section that the Administrator determines is owed by the owner.</text> </level> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-320" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>Any person aggrieved by a decision of the Administrator or as to whose claim the Administrator has failed to act within 6 months after the filing of the claim, may commence an action in the circuit court for the county to establish the claim.</text> </level> <level label="b"> <text>The proceeding shall be brought within 90 days after the decision of the Administrator or within 1 year from the filing of the claim if the Administrator fails to act.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-321" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>After receiving reports of property presumed abandoned under this title, the Administrator may decline to receive any property reported which he considers to be valued at less than the cost of giving notice or of holding a sale. He may postpone taking possession until a sufficient sum accumulates, if he considers it desirable because of the small sum involved.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-322" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>At reasonable times and on reasonable notice, the Administrator may examine the records of any person if there is reason to believe that the person has failed to report property that should have been reported under this title. The Administrator may not examine the records of any person regarding abandoned property after 5 years from the date the person filed the report with the Administrator covering the period of time during which the property allegedly became abandoned, unless the Administrator finds that the person acted fraudulently or with gross negligence with respect to the report.</text> </level> <level label="b"> <text>If any person refuses to permit the examination of records, the Administrator may issue a subpoena to compel the person to testify and produce records. The subpoena shall be served by the sheriff of the county where the person resides or may be found. The person shall be entitled to the same per diem and mileage as witnesses appearing in a circuit court of the State, which shall be paid by the State.</text> </level> <level label="c"> <text>If any person refuses to obey any subpoena so issued or refuses to testify or produce records, the Administrator may present a petition to the circuit court of the county where the person is served with the subpoena or where the person resides. The court then shall issue an order to require the person to obey the subpoena or to show cause for failure to obey it. Unless the person shows sufficient cause for failing to obey the subpoena, the court immediately shall direct the person to obey and, on refusal to comply, adjudge the person to be in contempt of court and punished as the court may direct.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-323" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <level label="1"> <text>A person who fails to pay or deliver abandoned property to the Administrator as required by this title shall pay a penalty equal to 15% of the value of the property.</text> </level> <level label="2"> <text>If a person fails to file any report or refuses to deliver property to the Administrator as required by this title, the Administrator may bring an action in a court of appropriate jurisdiction to require the filing of the report and to enforce delivery of the property.</text> </level> </level> <level label="b"> <text>A person who willfully fails to render any report or perform any other duty required by this subtitle is subject to a fine of $100 for each day the report is withheld, but not more than $5,000.</text> </level> <level label="c"> <text>In addition to the provisions of subsection (a) of this section, a person who willfully refuses to pay or deliver abandoned property to the Administrator as required by this subtitle is subject to a fine of not less than $500 nor more than $5,000 or imprisonment for not more than six months or both.</text> </level> <level label="d"> <text>The Administrator may waive any penalty required under this section.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-324" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <level label="a"> <text>The Administrator may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The Administrator by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.</text> </level> <level label="b"> <text>To avoid conflicts between the Administrator’s procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the Administrator, so far as is consistent with the purposes, policies, and provisions of this subtitle, before adopting, amending, or repealing rules, may advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.</text> </level> <level label="c"> <text>The Administrator may join with other states to seek enforcement of this subtitle against any person who is or may be holding property reportable under this Act.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-325" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>All agreements to pay compensation to recover or assist in the recovery of property made within 24 months of the date the property is paid or delivered to the abandoned property office are unenforceable.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-326" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="3" subtitle_name="Abandoned Property in This State"> <text>This title may be cited as the Maryland Uniform Disposition of Abandoned Property Act.</text> </section> <section article="gcl" article_name="Commercial Law" number="17-401" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Address of the lender” means the most recent address of a lender as shown on the museum’s records pertaining to property on loan from the lender.</text> </level> <level label="c"> <level label="1"> <text>“Conservation measure” means any action taken toward the long–term preservation of property.</text> </level> <level label="2"> <text>“Conservation measure” includes examination, documentation, treatment, and preventive care of property, supported by research and education.</text> </level> </level> <level label="d"> <text>“Lender” means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum.</text> </level> <level label="e"> <text>“Loan” means a deposit of property not accompanied by a transfer of title to that property.</text> </level> <level label="f"> <text>“Museum” means an institution located in the State that:</text> <level label="1"> <text>Is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and</text> </level> <level label="2"> <text>Owns, borrows, cares for, exhibits, studies, archives, or catalogs property.</text> </level> </level> <level label="g"> <text>“Permanent loan” means a loan of property to a museum for an indefinite period.</text> </level> <level label="h"> <text>“Property” means a tangible object under a museum’s care that has intrinsic historic, artistic, scientific, or cultural value.</text> </level> <level label="i"> <text>“Undocumented property” means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum’s records.</text> </level> <level label="j"> <text>“Unsolicited donation” means any property that is left in the control of a museum that is from an unknown source and can be reasonably assumed to have been intended as a gift to the museum.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-402" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <level label="1"> <text>A museum may acquire title to property that is on permanent loan to the museum or that was loaned for a specified term that has expired by giving notice that the museum is terminating the loan of the property.</text> </level> <level label="2"> <text>In addition to the information required under § 17–408 of this subtitle, the notice required under paragraph (1) of this subsection shall contain the following statement:</text> <text>“The records at (name of museum) indicate that you have property on loan to it. The museum hereby terminates the loan. If you desire to claim the property, you must contact the museum, establish your ownership of the property, and make arrangements to collect the property. If you do not contact the museum within 60 days, you will be considered to have donated the property to the museum.”.</text> </level> <level label="3"> <text>If, within 60 days after receiving the notice, the lender does not respond by filing a notice of intent to preserve an interest in the property on loan, clear and unrestricted title is transferred to the museum.</text> </level> </level> <level label="b"> <text>If a loan of property to a museum is not a permanent loan and does not have a specific expiration date, the property is presumed abandoned if, for at least 7 years after the date the museum took possession of the property, there has not been any written communication between the museum and the lender or lender’s designated agent.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-403" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <text>A museum may acquire title to undocumented property held by the museum for at least 3 years by giving notice that the museum is asserting title to the undocumented property.</text> </level> <level label="b"> <text>In addition to the information required under § 17–408 of this subtitle, the notice required under subsection (a) of this section shall contain the following statement:</text> <text>“The records of (name of museum) fail to indicate the owner of record of certain property in its possession. The museum hereby asserts title to the following property: (general description of property). If you claim ownership or other legal interest in this property, you must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within 60 days, you will be considered to have waived any claim you may have had to the property.”.</text> </level> <level label="c"> <text>If, within 60 days after notice is provided, the lender does not respond by giving written notice of intent to retain an interest in the property on loan, the museum’s title to the property becomes absolute.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-404" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <level label="1"> <text>A museum may acquire title to an unsolicited donation found on museum property by giving notice that the museum is asserting title to the unsolicited donation.</text> </level> <level label="2"> <text>In addition to the information required under § 17–408 of this subtitle, the notice required under paragraph (1) of this subsection shall contain the following statement:</text> <text>“The following property was found at (name of museum) and is presumed to be a donation to the museum. The museum hereby asserts title to the following property: (general description of property). Anyone claiming ownership or other legal interest in this property must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within 60 days of this notice you will have waived any claim to this property.”.</text> </level> <level label="3"> <text>An unsolicited donation is presumed to be a gift to the museum if ownership is not claimed within 60 days after the notice required under this section.</text> </level> </level> <level label="b"> <text>Undocumented property found in the collection of a museum is not an unsolicited donation and is subject to § 17–403 of this subtitle.</text> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-405" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <text>Unless there is an agreement otherwise between the museum and the lender, a museum may apply conservation measures to property on loan to the museum without receiving the lender’s permission or giving the lender formal notice if:</text> <level label="1"> <text>Action is required to protect the property on loan or other property in the custody of the museum; or</text> </level> <level label="2"> <text>The property on loan is a hazard to the health and safety of the public or the museum staff.</text> </level> </level> <level label="b"> <text>If a museum applies conservation measures to property under this section or with the agreement of the lender, unless the agreement provides otherwise, the museum:</text> <level label="1"> <text>Acquires a lien on the property in the amount of the cost of the conservation measures incurred by the museum; and</text> </level> <level label="2"> <text>Is not liable for injury to or loss of the property if the museum:</text> <level label="i"> <text>Had a reasonable belief at the time the conservation measure action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and</text> </level> <level label="ii"> <text>Exercised reasonable care in the choice and application of conservation measures.</text> </level> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-406" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <level label="1"> <text>Except as provided in § 17–407 of this subtitle, a museum shall provide the notice required under this subtitle by certified mail to the last known address of the lender.</text> </level> <level label="2"> <text>The notice requirement is satisfied if the museum receives proof of receipt of the notice within 30 days after the notice was mailed.</text> </level> </level> <level label="b"> <text>A lender shall provide written notice to the museum of a change in address of:</text> <level label="1"> <text>The lender; or</text> </level> <level label="2"> <text>Any designated agent of the lender.</text> </level> </level> <level label="c"> <text>If the ownership of property on loan to a museum changes while the museum is in possession of the property, the new owner of the property must provide written notice to the museum of:</text> <level label="1"> <text>The change of ownership of the property; and</text> </level> <level label="2"> <text>The name and address of the new owner.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-407" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <level label="a"> <text>A museum may provide the notice required under this subtitle by publication if the museum does not:</text> <level label="1"> <text>Know the identity of the lender or a designated agent of the lender;</text> </level> <level label="2"> <text>Know the address of the lender or a designated agent of the lender; or</text> </level> <level label="3"> <text>Receive proof of receipt of a notice that was sent by certified mail within 30 days after the notice was mailed.</text> </level> </level> <level label="b"> <text>A notice by publication shall be published at least once a week for 2 consecutive weeks in a newspaper of general circulation in:</text> <level label="1"> <text>The county in which the museum is located; and</text> </level> <level label="2"> <text>If the identity of the lender is known, the county of the lender’s last known address.</text> </level> </level> </section> <section article="gcl" article_name="Commercial Law" number="17-408" title_number="17" title_name="Disposition of Abandoned Property" subtitle_number="4" subtitle_name="Abandoned Property in Possession of a Museum"> <text>In addition to any other information required under this subtitle, any notice given by a museum under this subtitle shall contain:</text> <level label="1"> <text>If known, the name of the lender or the designated agent of the lender;</text> </level> <level label="2"> <text>If known, the last known address of the lender or the designated agent of the lender;</text> </level> <level label="3"> <text>A brief description of the property on loan;</text> </level> <level label="4"> <text>If known, the date of the loan;</text> </level> <level label="5"> <text>The name of the museum; and</text> </level> <level label="6"> <text>The name, address, and telephone number of the person or office at the museum to contact regarding the property.</text> </level> </section>