All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall be deposited by the commissioner in the general fund; provided, however, that the commissioner may deduct moneys necessary to cover the direct administrative expenses required to identify, locate, secure, and transmit abandoned property prior to depositing such funds. Before making a deposit he or she shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due.
History. Code 1981, § 44-12-218 , enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 2013, p. 636, § 2/HB 359; Ga. L. 2015, p. 30, § 3/SB 82.
The 2013 amendment, effective May 6, 2013, deleted the subsection (a) designation; in the first sentence of this Code section, deleted “, except that the commissioner shall retain in a separate trust fund a sum sufficient from which he shall make prompt payment of claims duly allowed by him as provided in Code Section 44-12-220” following “fund” at the end, and inserted “or she” near the beginning of the second sentence; and deleted former subsection (b), which read: “Before making any deposit to the credit of the general fund the commissioner may deduct:”
“(1) Any costs in connection with sale of abandoned property;
“(2) Any costs of mailing and publication in connection with any abandoned property;
“(3) Operating expenses;
“(4) Amounts required to make payments to other states, during the next fiscal year, through reciprocity agreements; and
“(5) Expenses for consulting services.”
The 2015 amendment, effective March 31, 2015, in the first sentence, deleted “forthwith” following “shall” and added the proviso at the end.
Structure Georgia Code
Chapter 12 - Rights in Personalty
Article 5 - Disposition of Unclaimed Property
§ 44-12-191. Construction of Article
§ 44-12-199. When Funds Held or Owing by Utility Presumed Abandoned
§ 44-12-200. When Unclaimed Court Ordered Refund From Business Association Presumed Abandoned
§ 44-12-204. When Intangible Property Held for Owner by State or Federal Entity Presumed Abandoned
§ 44-12-205. When Gift Certificate or Credit Memo Presumed Abandoned
§ 44-12-206. When Unpaid Wages Presumed Abandoned
§ 44-12-210. Commencement of Abandonment for Certain Property Described in Code Section 44-12-197
§ 44-12-211.1. Excess Funds From Sale of Abandoned Motor Vehicle; Claim for Funds; Definitions
§ 44-12-212. When Property Described in Code Section 44-12-193 Not Subject to This Article
§ 44-12-214. Report and Remittance of Persons Holding Property Presumed Abandoned Under This Article
§ 44-12-215. Publication of “Georgia Unclaimed Property List”; Contents of Notice
§ 44-12-217. Sale or Destruction of Property
§ 44-12-218. Disposition of Funds Received Under Article
§ 44-12-219. When Commissioner May Decline to Receive Certain Property
§ 44-12-221. Appeal of Commissioner’s Decision
§ 44-12-222. Determination of Claim; Hearing
§ 44-12-223. Effect of Periods of Limitation
§ 44-12-225. Confidentiality of Information or Records Required by This Article
§ 44-12-228. Maintenance and Retention of Records
§ 44-12-230. Employment of Independent Consultant
§ 44-12-231. Enforcement of Article; Properties Not Paid Over on a Timely Basis
§ 44-12-232. Article Does Not Relieve Holder of Duty That Arose Before July 1, 1990
§ 44-12-233. Receipt of Securities Under This Article
§ 44-12-234. Property in Foreign Country or Arising Out of Foreign Transaction
§ 44-12-235. Rules and Regulations
§ 44-12-237. Unclaimed United States Savings Bond
§ 44-12-238. Claim for United States Savings Bonds Escheated to State