§523A-19 Periods of limitation. (a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.
(b) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than ten years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation shall be tolled. The period of limitation shall also be tolled by the filing of a report that is fraudulent.
(c) Beginning on July 1, 2014, any claim made under this part for funds in the unclaimed property trust fund shall be void if the claim is:
(1) For funds totaling less than $100; and
(2) Filed more than ten years after the date that the full amount of the claim was deposited into the unclaimed property trust fund;
provided that for funds totaling less than $100 that were deposited into the unclaimed property trust fund on or prior to June 30, 2014, the ten-year time limitation on claiming the funds shall commence on July 1, 2014. Unclaimed funds subject to this subsection, upon the expiration of the ten-year time limitation, shall escheat to the State and be transferred to the general fund. [L 2008, c 55, pt of §1; am L 2014, c 184, §3]
Structure Hawaii Revised Statutes
523A-1 to 523A-41 REPEALED. §523A-1 Short title.
523A-3 Presumptions of abandonment.
523A-3.5 Gift certificates and gift cards.
523A-4 Contents of safe deposit box or other safekeeping depository.
523A-5 Rules of taking custody.
523A-7 Burden of proof as to property evidenced by record of check or draft.
523A-8 Report of abandoned property.
523A-9 Payment or delivery of abandoned property.
523A-10 Notice and publication of lists of abandoned property.
523A-11 Custody by State; recovery by holder; defense of holder.
523A-12 Crediting of dividends, interest, and increments to owner's account.
523A-13 Public sale of abandoned property.
523A-14 Claim of another state to recover property.
523A-15 Filing claim with administrator; handling of claims by administrator.
523A-16 Action to establish claim.
523A-17 Election to take payment or delivery.
523A-19 Periods of limitation.
523A-20 Requests for reports and examination of records.
523A-23 Interstate agreements and cooperation; joint and reciprocal actions with other states.
523A-24 Interest and penalties.
523A-25 Agreement to locate property.
523A-28 Transitional provisions.
523A-30 Uniformity of application and construction.
523A-51 Declaration of policy.
523A-53 Unclaimed property subject to delivery to State; presumptions.
523A-54 Request by director of finance for report of previously unreported information.
523A-55 Agreement for State's payment of share of costs.
523A-57 State's right unaffected by expiration of time for proceeding.
523A-59 Notice of proceedings.
523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.
523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.
523A-63 Disposition of property received.
523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.