(a) Expiration, before, on, or after February 2, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the State Escheator under this chapter.
(b) The State Escheator may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than 10 years after the duty arose. The period of limitation established by this subsection is tolled by the earlier of the State Escheator's delivery of a notice of an examination to a holder under this chapter, the Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title, or the holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title, or if the State Escheator reasonably concludes that the holder has filed a report containing a fraudulent or wilful misrepresentation.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Subchapter II. Unclaimed Property
§ 1131. Inapplicability to wholly foreign transaction.
§ 1133. When property presumed abandoned.
§ 1134. When contents of safe deposit box presumed abandoned.
§ 1135. When related property interest presumed abandoned.
§ 1136. Indication of owner interest in property.
§ 1138. Retained asset account for insurance policy or annuity contract.
§ 1139. Address of owner to establish priority.
§ 1140. Address of owner in this State.
§ 1141. Holder domiciled in this State.
§ 1142. Report required by holder.
§ 1144. When report to be filed.
§ 1146. When property reportable and payable or deliverable.
§ 1147. Limitation on assignment or transfer of liability.
§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].
§ 1149. Contents of notice by holder.
§ 1151. Cooperation among agencies to determine owner.
§ 1152. Payment or delivery of property to State Escheator.
§ 1153. Effect of payment or delivery of property to State Escheator.
§ 1154. Interest not to run after report of property and limitation on claims.
§ 1155. State Escheator's options as to custody.
§ § 1156. Periods of limitation.
§ 1158. Public sale of property.
§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].
§ 1161. Purchaser owns property after sale.
§ 1163. Deposit and disbursement of funds.
§ 1164. State Escheator to retain records of property.
§ 1165. Claim for property by person claiming to be owner.
§ 1168. Payment by State Escheator.
§ 1169. Allowance of claim for property.
§ 1170. Request for report of property; compliance reviews.
§ 1173. Voluntary property reporting outreach program.
§ 1174. Records obtained in examination or voluntary disclosure.
§ 1175. Evidence of debt or undischarged obligation.
§ 1176. Failure of person examined to retain records.
§ 1180. Judicial action to enforce liability.
§ 1181. Interstate agreement and cooperation.
§ 1182. Action involving another state.
§ 1183. Interest and penalties.
§ 1184. Other civil penalties.
§ 1186. When agreement to locate property enforceable.
§ 1187. When agreement to locate property unenforceable.
§ 1188. Right of owner's agent to recover property held by State Escheator.