(A) Except as provided in subsections (B) and (C), the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale in whatever municipality in the State affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this section must be preceded by a single publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
(B) Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
(C) Unless the administrator considers it to be in the best interest of the State to do otherwise, all securities other than those presumed abandoned under Section 27-18-110, delivered to the administrator must be held for at least one year before he may sell them.
(D) Unless the administrator considers it to be in the best interest of the State to do otherwise, all securities presumed abandoned under Section 27-18-110 and delivered to the administrator must be held for at least three years before he may sell them. If the administrator sells any securities delivered pursuant to Section 27-18-110 before the expiration of the three-year period, any person making a claim pursuant to this chapter before the end of the three-year period is entitled to either the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever amount is greater, less any deduction for fees pursuant to Section 27-18-240(B). A person making a claim under this chapter after the expiration of this period is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from sale, less any amounts deducted pursuant to Section 27-18-240(B), but no person has any claim under this chapter against the State, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the administrator.
(E) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
HISTORY: 1988 Act No. 658, Part II, Section 34A.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 18 - Uniform Unclaimed Property Act
Section 27-18-10. Short title.
Section 27-18-20. Definitions.
Section 27-18-30. Property presumed abandoned; demand for payment not required.
Section 27-18-40. Conditions for taking custody of intangible unclaimed property.
Section 27-18-50. Travelers checks, money orders, or similar written instruments.
Section 27-18-70. Demand, savings, or matured time deposits with banking or financial organizations.
Section 27-18-75. Escheatment of United States savings bonds.
Section 27-18-76. Claims for escheated United States savings bonds or proceeds from bond.
Section 27-18-90. Utility service deposits, advance payments, or ordered refunds.
Section 27-18-100. Business associations; refunds ordered by court or administrative agency.
Section 27-18-140. Unclaimed intangible property presumed abandoned; tax refund checks.
Section 27-18-150. Credit memo.
Section 27-18-160. Unpaid wages and unpresented payroll checks.
Section 27-18-170. Contents of safe deposit boxes or other safekeeping repositories.
Section 27-18-175. Application of chapter.
Section 27-18-180. Report of unclaimed property; notice to apparent owner.
Section 27-18-190. Administrator's notice of abandoned property; publication; contents; exceptions.
Section 27-18-230. Sale of property by administrator.
Section 27-18-260. Recovery by another state of property paid or delivered to administrator.
Section 27-18-270. Appeal of decision of administrator, court action to establish claim to property.
Section 27-18-300. Periods of limitation.
Section 27-18-320. Length of time holders must retain records.
Section 27-18-330. Authority of administrator to enforce chapter.
Section 27-18-350. Interest and penalties for violations of chapter.
Section 27-18-370. Application of chapter to foreign property or transactions.
Section 27-18-390. Authority of administrator to adopt rules.