70-9-819. Periods of limitation. (1) The expiration, before or after July 1, 1997, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.
(2) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
History: En. Sec. 19, 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