Effective - 28 Aug 1998
447.565. Hearing on claims by treasurer — payment of claim, amount, no charges authorized — interest — treasurer discharged from liability — claimant accountable to person with superior right. — 1. The treasurer shall consider any claim filed pursuant to sections 447.500 to 447.595 and may hold a hearing and receive evidence concerning it. If a hearing is held, the treasurer shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the treasurer and the reasons for the treasurer's decision. The decision shall be a public record.
2. If the claim is allowed, the treasurer shall make payment forthwith. The claim shall be paid without deduction for costs of notices or sale or for service charges, and any such claim paid shall include interest, if the owner would have been entitled interest had the property not been presumed to be abandoned. Such interest shall equal the year-to-date annualized average rate of return on all funds invested by the state treasurer for each year of accrual and the previous year's annualized average rate of return for the current fiscal year, but shall not accrue more than seven years after such property has been determined to be abandoned and transferred to the custody of the state.
3. The treasurer*, after paying a claim, is discharged and released to the same extent as if the treasurer dealt with a legal representative of the owner. The treasurer is not required to see to the application of the payment or to inquire into the truth of any statement made in the claim except to the extent that confirmatory information is provided to the treasurer. Any claimant, attorney in fact, attorney, or anyone representing a claimant to whom payment is made is accountable therefor to any other person having a superior right to the payment.
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(L. 1984 H.B. 1088 § 19 subsecs. 1, 2, A.L. 1989 H.B. 506, A.L. 1993 H.B. 566, A.L. 1994 S.B. 757, A.L. 1998 H.B. 1510)
*Word "treasure" appears in original rolls.
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 447 - Lost and Unclaimed Property
Section 447.010 - Duty of persons finding lost money, goods.
Section 447.020 - Appointment of appraisers by circuit judge.
Section 447.030 - Appraiser's list, where filed — publication.
Section 447.040 - Procedure if no owner appears, when.
Section 447.050 - Restoration of property, when — owner may sue, when.
Section 447.060 - Failure to discover — penalty.
Section 447.070 - Goods retained until payment of charges.
Section 447.080 - Sale of unclaimed property.
Section 447.090 - Unclaimed proceeds.
Section 447.100 - Carrier's responsibility ceases, when.
Section 447.110 - Sale of property upon which advances are made, when.
Section 447.500 - Law, how cited — exceptions — purpose.
Section 447.503 - Definitions.
Section 447.517 - Utilities, funds held or owing presumed abandoned, when.
Section 447.533 - Interest, dividends or their earnings deemed unclaimed property, when.
Section 447.536 - Abandonment period, effective when — exception for payroll checks.
Section 447.547 - Law of abandoned property not applicable, when.
Section 447.572 - Examination of records by treasurer and persons authorized, when.
Section 447.575 - Enforcing delivery, court action.
Section 447.579 - Rules authorized.
Section 447.583 - Reciprocal agreements with other states — attorney general's duties, when.
Section 447.585 - Another state may recover property from state of Missouri, when.
Section 447.620 - Definitions.
Section 447.622 - Petition, requirements.
Section 447.624 - Proceeding, where commenced, procedure.
Section 447.625 - Procedures in home rule cities.
Section 447.626 - Expeditious treatment.
Section 447.628 - Notice of pendency of suit, effect.
Section 447.630 - Hearing, plan of rehabilitation.
Section 447.632 - Grant of petition, requirements.
Section 447.634 - Grant of temporary possession.
Section 447.636 - Quarterly report.
Section 447.638 - Restoration of possession, compensation.
Section 447.640 - Quitclaim judicial deed may be granted, conditions, effect.
Section 447.700 - Definitions.
Section 447.701 - Eligible projects, director's duties — owner to repay, when.
Section 447.702 - Department loans to eligible projects, guidelines, conditions.
Section 447.706 - Grants, guidelines, conditions.
Section 447.712 - Tort immunity.
Section 447.716 - Failure of purchaser to perform, sanctions.