43-41B-25. Filing claim with administrator--Handling of claims by administrator.
(a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.
(b) The administrator shall consider each claim within one hundred eighty days after it is filed and provide notice to the claimant if the claim is denied in whole or in part. The notice may be sent by mail to the last address of the claimant stated in the claim for the receipt of notices. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.
If no address for notices is stated in the claim, the notice may be mailed to the last address, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail address of the claimant.
(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if the property has been sold by the administrator, together with any additional amount required by §43-41B- 22.
If the claim is for property that is presumed abandoned under §43-41B-10 and that was sold by the administrator within one hundred eighty days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of sale. When property is paid or delivered to the administrator under this chapter, the owner is not entitled to receive income or other increments accruing thereafter.
Source: SL 1992, ch 312, §24; SL 2017, ch 190, §2, eff. Mar. 10, 2017; SL 2018, ch 258, §2; SL 2019, ch 194, §5.
Structure South Dakota Codified Laws
Chapter 41B - Uniform Unclaimed Property Act
Section 43-41B-1 - Definitions and use of terms.
Section 43-41B-2 - Property presumed abandoned--General rule.
Section 43-41B-3 - General rules for taking custody of intangible unclaimed property.
Section 43-41B-4 - Travelers checks and money orders.
Section 43-41B-6 - Bank deposits and funds in financial organizations.
Section 43-41B-7 - Funds owing under life insurance.
Section 43-41B-8 - Deposits held by utilities.
Section 43-41B-9 - Refunds held by business associations.
Section 43-41B-10 - Stock and other intangible interests in business associations.
Section 43-41B-11 - Property of business associations held in course of dissolution.
Section 43-41B-13 - Property held by agents and fiduciaries.
Section 43-41B-14 - Property held by courts and public agencies.
Section 43-41B-15 - Gift certificates and credit memos.
Section 43-41B-18 - Report of abandoned property.
Section 43-41B-20 - Payment or delivery of abandoned property.
Section 43-41B-22 - Crediting of dividends, interest, or increments to owner's account .
Section 43-41B-23 - Public sale of abandoned property.
Section 43-41B-23.1 - Sale of securities, stocks, bonds, and other intangible ownership interests.
Section 43-41B-24 - Deposit of funds.
Section 43-41B-24.1 - Continuous appropriation of fund--Report--Approval of certain expenditures.
Section 43-41B-25 - Filing claim with administrator--Handling of claims by administrator.
Section 43-41B-26 - Claim of another state to recover property--Procedure.
Section 43-41B-27 - Action to establish claim.
Section 43-41B-28 - Election to take payment or delivery.
Section 43-41B-30 - Period of limitation.
Section 43-41B-31 - Requests for reports and examination of records.
Section 43-41B-32 - Retention of records.
Section 43-41B-33 - Enforcement.
Section 43-41B-35 - Interest on untimely payments.
Section 43-41B-36 - Agreements to locate reported property.
Section 43-41B-37 - Effect of new provisions--Clarification of application.
Section 43-41B-40 - Open-loop prepaid cards exempt.
Section 43-41B-41 - Rewards cards exempt.
Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.