Revised Code of Washington
Chapter 63.29 - Uniform Unclaimed Property Act.
63.29.120 - Property held by agents and fiduciaries.

RCW 63.29.120
Property held by agents and fiduciaries. (Effective until January 1, 2023.)

(1) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.
(2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection (1) of this section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(3) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him or her and the business association provides otherwise.
(4) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.

[ 2012 c 117 § 179; 2003 1st sp.s. c 13 § 6; 1983 c 179 § 12.]
NOTES:

Effective dates—2003 1st sp.s. c 13: See note following RCW 63.29.020.

Structure Revised Code of Washington

Revised Code of Washington

Title 63 - Personal Property

Chapter 63.29 - Uniform Unclaimed Property Act.

63.29.010 - Definitions and use of terms.

63.29.020 - Property presumed abandoned—General rule—Exceptions.

63.29.030 - General rules for taking custody of intangible unclaimed property.

63.29.040 - Travelers checks and money orders.

63.29.050 - Checks, drafts, and similar instruments issued or certified by banking and financial organizations.

63.29.060 - Bank deposits and funds in financial organizations.

63.29.070 - Funds owing under life insurance policies.

63.29.080 - Deposits held by utilities.

63.29.090 - Refunds held by business associations.

63.29.100 - Stock and other intangible interests in business associations.

63.29.110 - Property of business associations held in course of dissolution.

63.29.120 - Property held by agents and fiduciaries.

63.29.130 - Property held by courts and public agencies—When abandoned—Overpayments.

63.29.133 - Property held by landlord.

63.29.135 - Abandoned intangible property held by local government.

63.29.140 - Gift certificates and credit memos.

63.29.150 - Wages.

63.29.160 - Contents of safe deposit box or other safekeeping repository.

63.29.165 - Property in self-storage facility.

63.29.170 - Report of abandoned property.

63.29.180 - Notice and publication of information about unclaimed property.

63.29.190 - Payment or delivery of abandoned property.

63.29.192 - Penalty and interest paid in excess—Refunds—Returns.

63.29.193 - Petition for review—Denied application for refund or return.

63.29.194 - Appeal of payment or delivered property.

63.29.195 - Agreement—Established between a holder and the department.

63.29.200 - Custody by state—Holder relieved from liability—Reimbursement of holder paying claim—Reclaiming for owner—Defense of holder—Payment of safe deposit box or repository charges.

63.29.210 - Crediting of dividends, interest, or increments to owner's account.

63.29.220 - Public sale of abandoned property.

63.29.230 - Deposit of funds.

63.29.240 - Filing of claim with department.

63.29.250 - Claim of another state to recover property—Procedure.

63.29.260 - Action to establish claim.

63.29.270 - Election to take payment or delivery.

63.29.280 - Destruction or disposition of property having insubstantial commercial value—Immunity from liability.

63.29.290 - Periods of limitation.

63.29.300 - Requests for reports and examination of records.

63.29.310 - Retention of records.

63.29.320 - Enforcement.

63.29.330 - Interstate agreements and cooperation—Joint and reciprocal actions with other states.

63.29.340 - Interest and penalties.

63.29.350 - Penalty for excessive fee for locating abandoned property—Consumer protection act application.

63.29.360 - Foreign transactions.

63.29.370 - Rules.

63.29.380 - Information and records confidential.

63.29.900 - Effect of new provisions—Clarification of application.

63.29.902 - Uniformity of application and construction.

63.29.903 - Short title.

63.29.905 - Effective date—1983 c 179.

63.29.906 - Effective date—1996 c 45.