South Dakota Codified Laws
Chapter 41B - Uniform Unclaimed Property Act
Section 43-41B-31 - Requests for reports and examination of records.

43-41B-31. Requests for reports and examination of records.
(a) The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. The administrator may contract with the Department of Revenue to conduct such examinations.
(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.
(c) If a person is treated under §43-41B-13, as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to subsection (b), may examine the records of the person if the administrator has given the notice required by subsection (b) to both the person and the business association at least sixty days before the examination.
(d) If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable.

Source: SL 1992, ch 312, §30; SL 1993, ch 326, §5; SL 1996, ch 261, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

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-5 - Checks, drafts and similar instruments issued or certified by banking and financial organizations.

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-16 - Wages.

Section 43-41B-17 - Contents of safe deposit box or other safekeeping repository--U.S. savings bonds.

Section 43-41B-18 - Report of abandoned property.

Section 43-41B-19 - Notice and publication of names of persons appearing to be owners of unclaimed property.

Section 43-41B-20 - Payment or delivery of abandoned property.

Section 43-41B-21 - 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.

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-29 - Destruction or disposition of property having insubstantial commercial value--Immunity from liability.

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-34 - Interstate agreements and cooperation--Joint and reciprocal actions with other states.

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-38 - Rules.

Section 43-41B-40 - Open-loop prepaid cards exempt.

Section 43-41B-41 - Rewards cards exempt.

Section 43-41B-42 - Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim.

Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.

Section 43-41B-44 - United States savings bonds.