(A) Any demand, savings, or matured time deposit with a banking or financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within five years has:
(1) in the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(2) communicated in writing with the banking or financial organization concerning the property;
(3) otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;
(4) owned other property to which item (1), (2), or (3) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or
(5) had another relationship with the banking or financial organization concerning which the owner has:
(a) communicated in writing with the banking or financial organization; or
(b) otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.
(B) For purposes of subsection (A) property includes interest and dividends.
(C) A holder may not impose with respect to property described in this section any charge in excess of one dollar a month due to dormancy or inactivity or cease payment of interest unless there is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge or cease payment of interest.
(D) Any property described in this section that is automatically renewable is matured for purposes of this section upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. In the absence of such consent or memo, one automatic renewal is allowed for a period equal to the initial time period before the property is considered matured. If, at the time provided for delivery in Section 27-18-200, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
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.