(a) A holder who fails to report, pay, or deliver property within the time prescribed by this subchapter shall pay to the administrator interest at the annual rate of two (2) percentage points above the bank prime loan rate as reported from time to time in the Board of Governors of the Federal Reserve System statistical release H.15 (Selected Interest Rates) or any successor publication on the property or value thereof from the date the property should have been reported, paid or delivered.
(b) Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this subchapter, or fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of two hundred dollars ($200) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000).
(c) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this subchapter, or willfully fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day from the date a report under this subchapter was due, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence.
Structure Arkansas Code
Subtitle 3 - Personal Property
Chapter 28 - Unclaimed Property
Subchapter 2 - Unclaimed Property Act
§ 18-28-202. Presumptions of abandonment
§ 18-28-203. Contents of safe deposit box or other safekeeping depository
§ 18-28-204. Rules for taking custody
§ 18-28-206. Burden of proof as to property evidenced by record of check or draft
§ 18-28-207. Report of abandoned property
§ 18-28-208. Payment or delivery of abandoned property
§ 18-28-209. Notice and publication of lists of abandoned property
§ 18-28-210. Custody by state — Recovery by holder — Defense of holder
§ 18-28-211. Crediting of dividends, interest, and increments to owner's account
§ 18-28-212. Public sale of abandoned property
§ 18-28-213. Deposit of funds. — Definition
§ 18-28-214. Claim of another state to recover property
§ 18-28-215. Filing claim with administrator — Handling of claims by administrator
§ 18-28-216. Action to establish claim
§ 18-28-217. Election to take payment or delivery
§ 18-28-219. Periods of limitation
§ 18-28-220. Requests for reports and examination of records
§ 18-28-221. Retention of records
§ 18-28-223. Interstate agreements and cooperation — Joint and reciprocal actions with other states
§ 18-28-224. Interest and penalties
§ 18-28-225. Agreement to locate property
§ 18-28-226. Foreign transactions
§ 18-28-227. Transitional provisions
§ 18-28-229. Uniformity of application and construction