Delaware Code
Subchapter II. Unclaimed Property
§ 1183. Interest and penalties.

(a) Interest at 0.5% per month on outstanding unpaid amounts accrues from the date the amounts or property were due under this chapter until paid. Interest due in accordance with this subsection may not exceed 50% of the amount required to be paid. Penalties under subsection (b), (c), or (d) of this section are not interest for purposes of this subsection. This subsection applies to any late-filed unclaimed property that is reported and remitted on or after July 1, 2017.
(1), (2) [Repealed.]
(b) If a person fails to file any report required by this chapter on or before the due date prescribed for the report, determined with regard to any extension of time for filing, unless it is shown that such failure is due to reasonable cause and not wilful neglect, the person shall add to the amount of unclaimed property required to be shown on the report the lesser of 5% of the amount thereof if the failure is not for more than 1 month, with an additional 5% for each additional month or fraction thereof during which such failure continues, not to exceed 50% in the aggregate or a civil penalty of $100 for each day the report is withheld or the duty is not performed, but not more than $5,000.
(c) If a person fails to pay the amount of unclaimed property required to be shown on any report required by this chapter on or before the due date prescribed for the payment of such property, determined with regard to any extension of time for payment, unless it is shown that such failure is due to reasonable cause and not wilful neglect, the person shall add to the amount of such property required to be shown on any report 0.5% of the amount of such property if the failure is for not more than 1 month, with an additional 0.5% for each additional month or fraction thereof during which such failure continues, not to exceed 25% in the aggregate. For purposes of this subsection, the amount of property shown on any report is to be reduced by the amount of any property which is paid on or before the beginning of the month for which a calculation is made under this subsection.
(d) If any part of a deficiency in payment of unclaimed property required to be shown on any report is due to fraud, the person must add to the property required to be shown on the report an amount equal to 75% of the portion of the deficiency in payment which is attributable to fraud. The penalty prescribed by this subsection applies only in cases where a report of unclaimed property is filed and only to that part of the deficiency in payment the State Escheator establishes is due to fraud or wilful misrepresentation

Structure Delaware Code

Delaware Code

Title 12 - Decedents' Estates and Fiduciary Relations

Chapter 11. ESCHEATS

Subchapter II. Unclaimed Property

§ 1130. Definitions.

§ 1131. Inapplicability to wholly foreign transaction.

§ 1132. Rule-making.

§ 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.

§ 1137. Knowledge of death.

§ 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.

§ 1143. Content of report.

§ 1144. When report to be filed.

§ 1145. Retention of records by holder [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 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.

§ 1150. Notice to owner by State Escheator [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 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.

§ 1157. No private escheat.

§ 1158. Public sale of property.

§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

§ 1161. Purchaser owns property after sale.

§ 1162. Military medals.

§ 1163. Deposit and disbursement of funds.

§ 1164. State Escheator to retain records of property.

§ 1165. Claim for property by person claiming to be owner.

§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, §  12].

§ 1168. Payment by State Escheator.

§ 1169. Allowance of claim for property.

§ 1170. Request for report of property; compliance reviews.

§ 1171. Examination to determine compliance with chapter [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1172. Rules and procedures for conducting an examination [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 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.

§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1178. State Escheator's contract with another to conduct compliance review and examination and limit on future employment.

§ 1179. Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1180. Judicial action to enforce liability.

§ 1181. Interstate agreement and cooperation.

§ 1182. Action involving another state.

§ 1183. Interest and penalties.

§ 1184. Other civil penalties.

§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 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.

§ 1189. Confidentiality of records.

§ 1190. Severability.