116B-77. Interest and penalties; waiver.
(a) A holder who fails to report, pay, or deliver property within the time prescribed by this Chapter shall pay to the Treasurer interest at the rate established pursuant to this subsection on the property or value of the property from the date the property should have been reported, paid, or delivered. On or before June 1 and December 1 of each year, the Treasurer shall establish the interest rate to be in effect during the six-month period beginning on the next succeeding July 1 and January 1, respectively, after giving due consideration to current market conditions. If no new rate is established, the rate in effect during the preceding six-month period shall continue in effect. The rate established by the Treasurer may not be less than five percent (5%) per year and may not exceed sixteen percent (16%) per year.
(b) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this Chapter, or willfully fails to perform other duties imposed by this Chapter, including the duties imposed by G.S. 116B-59, shall pay to the Treasurer, in addition to interest as provided in subsection (a) of this section, a civil penalty of one thousand dollars ($1,000) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(c) A holder who makes a fraudulent report shall pay to the Treasurer, in addition to interest as provided in subsection (a) of this section, a civil penalty of one thousand dollars ($1,000) for each day from the date a report under this Chapter was due, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.
(d) The Treasurer for good cause may waive, in whole or in part, interest under subsection (a) of this section and penalties under subsection (b) of this section. (1979, 2nd Sess., c. 1311, s. 1; 1989, c. 114, s. 4; 1999-460, s. 6; 2017-134, s. 2(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 116B - Escheats and Abandoned Property
Article 4 - North Carolina Unclaimed Property Act.
§ 116B-53 - Presumptions of abandonment.
§ 116B-54.1 - Unclaimed United States savings bonds.
§ 116B-55 - Contents of safe deposit box or other safekeeping depository.
§ 116B-56 - Rules for taking custody.
§ 116B-57 - Dormancy charge; other lawful charges.
§ 116B-58 - Burden of proof as to property evidenced by record of check or draft.
§ 116B-59 - Notice by holders to apparent owners.
§ 116B-60 - Report of abandoned property; certification by holders with tax return.
§ 116B-61 - Payment or delivery of abandoned property.
§ 116B-62 - Preparation of list of owners by Treasurer.
§ 116B-63 - Custody by State; recovery by holder; defense of holder.
§ 116B-64 - Loss, income, or gain accruing after payment or delivery.
§ 116B-65 - Public sale of abandoned property.
§ 116B-66 - Claim of another state to recover property.
§ 116B-67 - Claim for property paid or delivered to the Treasurer.
§ 116B-68 - Action to establish claim.
§ 116B-69 - Election to take payment or delivery.
§ 116B-71 - Periods of limitation.
§ 116B-72 - Requests for reports and examination of records.
§ 116B-73 - Retention of records.
§ 116B-74 - Discretionary precompliance review.
§ 116B-76 - Interstate agreements and cooperation; joint and reciprocal actions with other states.
§ 116B-77 - Interest and penalties; waiver.
§ 116B-78 - Agreement to locate property between property finders and owners or apparent owners.
§ 116B-78.1 - Property finder regulation and enforcement.