14-533. INTEREST AND PENALTIES. (1) Upon the administrator’s showing by a preponderance of evidence that a holder has failed to pay or deliver property within the time prescribed in this chapter, the holder shall pay to the administrator interest at the annual rate of twelve percent (12%) on the property or value thereof from the date the property should have been paid or delivered until actual delivery is made.
(2) Upon the administrator’s showing by a preponderance of evidence that a holder has negligently failed to pay or deliver property within the time prescribed in this chapter, the holder shall pay to the administrator a penalty at the annual rate of five percent (5%) on the property or value thereof from the date the property should have been paid or delivered until actual delivery is made unless the holder demonstrates to the satisfaction of the administrator that the failure was due to reasonable cause and not neglect.
(3) A holder who willfully refuses after written demand by the administrator to pay or deliver property as required under this chapter shall be guilty of a misdemeanor and upon conviction may be punished by a fine of not less than three hundred dollars ($300) nor more than three thousand dollars ($3,000).
(4) Upon a showing that a holder of property presumed to be abandoned or unclaimed has acted in good faith and without negligence to comply with the accurate reporting requirements of section 14-517, Idaho Code, the administrator may waive, in whole or in part, interest pursuant to subsection (1) of this section and penalties pursuant to subsection (2) of this section.
History:
[14-533, added 1992, ch. 21, sec. 6, p. 70; am. 1997, ch. 399, sec. 16, p. 1273; am. 2010, ch. 15, sec. 4, p. 20.]
Structure Idaho Code
Title 14 - ESTATES OF DECEDENTS
Chapter 5 - UNCLAIMED PROPERTY LAW
Section 14-501 - DEFINITIONS AND USE OF TERMS.
Section 14-502 - PROPERTY PRESUMED ABANDONED — GENERAL RULE.
Section 14-503 - GENERAL RULES FOR TAKING CUSTODY OF INTANGIBLE UNCLAIMED PROPERTY.
Section 14-504 - TRAVELERS CHECKS AND MONEY ORDERS.
Section 14-506 - BANK DEPOSITS AND FUNDS IN FINANCIAL ORGANIZATIONS.
Section 14-507 - FUNDS OWING UNDER LIFE INSURANCE POLICIES.
Section 14-508 - DEPOSITS HELD BY UTILITIES.
Section 14-509 - REFUND HELD BY BUSINESS ASSOCIATIONS.
Section 14-510 - STOCK AND OTHER INTANGIBLE INTERESTS IN BUSINESS ASSOCIATIONS.
Section 14-511 - PROPERTY OF BUSINESS ASSOCIATIONS HELD IN COURSE OF DISSOLUTION.
Section 14-512 - PROPERTY HELD BY AGENTS AND FIDUCIARIES.
Section 14-513 - PROPERTY HELD BY COURTS AND PUBLIC AGENCIES.
Section 14-514 - GIFT CERTIFICATES AND CREDIT MEMOS.
Section 14-516 - CONTENTS OF SAFE DEPOSIT BOX OR OTHER SAFEKEEPING REPOSITORY.
Section 14-517 - REPORT OF ABANDONED PROPERTY.
Section 14-518 - NOTICE AND PUBLICATION OF LISTS OF ABANDONED PROPERTY.
Section 14-519 - PAYMENT OR DELIVERY OF ABANDONED PROPERTY.
Section 14-521 - CREDITING OF DIVIDENDS, INTEREST, OR INCREMENTS TO OWNER’S ACCOUNT.
Section 14-522 - PUBLIC SALE OF ABANDONED PROPERTY.
Section 14-523 - DISPOSITION OF MONEY RECEIVED.
Section 14-524 - FILING OF CLAIM WITH ADMINISTRATOR.
Section 14-525 - CLAIM OF ANOTHER STATE TO RECOVER PROPERTY — PROCEDURE.
Section 14-526 - ACTION TO ESTABLISH CLAIM.
Section 14-527 - ELECTION TO TAKE PAYMENT OR DELIVERY.
Section 14-529 - PERIODS OF LIMITATION.
Section 14-530 - REQUESTS FOR REPORTS AND EXAMINATION OF RECORDS.
Section 14-531 - RETENTION OF RECORDS.
Section 14-532 - ENFORCEMENT — ACTIONS TO ENFORCE UNCLAIMED PROPERTY LAW — ADMINISTRATIVE RULES.
Section 14-533 - INTEREST AND PENALTIES.
Section 14-534 - STATE HISTORICAL SOCIETY USE OF PROPERTY.
Section 14-536 - AGREEMENT TO LOCATE REPORTED PROPERTY.
Section 14-537 - FOREIGN TRANSACTIONS.
Section 14-540 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.