70-9-809. Payment or delivery of abandoned property. (1) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by 70-9-808, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; however, if the property is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until 60 days after filing the report required by 70-9-808.
(2) If the property reported to the administrator is a security or security entitlement under Title 30, chapter 8, the administrator is an appropriate person to make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with Title 30, chapter 8.
(3) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to 30-8-415, but an indemnity bond is not required.
(4) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with 70-9-811.
History: En. Sec. 9, Ch. 124, L. 1997.
Structure Montana Code Annotated
Chapter 9. Disposition of Unclaimed Property
Part 8. Uniform Unclaimed Property Act
70-9-803. Presumptions of abandonment
70-9-804. Contents of safe deposit box or other safekeeping depository
70-9-805. Rules for taking custody
70-9-807. Burden of proof as to property evidenced by record of check or draft
70-9-808. Report of abandoned property
70-9-809. Payment or delivery of abandoned property
70-9-810. Notice and publication of lists of abandoned property
70-9-811. Custody by state -- recovery by holder -- defense of holder
70-9-812. Public sale of abandoned property
70-9-814. Claim of another state to recover property
70-9-815. Filing claim with administrator -- handling of claims by administrator
70-9-816. Action to establish claim
70-9-817. Election to take payment or delivery
70-9-819. Periods of limitation
70-9-820. Requests for reports and examination of records
70-9-821. Retention of records
70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states
70-9-824. Interest and penalties
70-9-825. Agreement to locate property
70-9-826. Foreign transactions