Montana Code Annotated
Part 8. Uniform Unclaimed Property Act
70-9-809. Payment or delivery of abandoned property

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

Montana Code Annotated

Title 70. Property

Chapter 9. Disposition of Unclaimed Property

Part 8. Uniform Unclaimed Property Act

70-9-801. Short title

70-9-802. Definitions

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

70-9-806. Dormancy charge

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

70-9-813. Deposit of funds

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

70-9-818. Destruction or disposition of property having no substantial commercial value -- immunity from liability

70-9-819. Periods of limitation

70-9-820. Requests for reports and examination of records

70-9-821. Retention of records

70-9-822. Enforcement

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

70-9-827. Transitional provisions

70-9-828. Rules

70-9-829. Uniformity of application and construction