§523A-5 Rules of taking custody. Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if:
(1) The last known address of the apparent owner, as shown on the records of the holder, is in this State;
(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:
(A) The last known address of the person entitled to the property is in this State; or
(B) The holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;
(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;
(6) The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
(7) The property is a traveler's check or money order purchased in this State, or the issuer of the traveler's check or money order has its principal place of business in this State and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased. [L 2008, c 55, pt of §1]
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523A-1 to 523A-41 REPEALED.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.