(a) A holder who fails to report, pay or deliver property within the time prescribed by this article shall pay to the administrator interest at the annual rate of twelve percent on the property or value thereof from the date the property should have been reported, paid or delivered.
(b) Except as otherwise provided in subsection (c) of this section, a holder who fails to report, pay or deliver property within the time prescribed by this article, or fails to perform other duties imposed by this article, shall pay to the administrator, in addition to interest as provided in subsection (a) of this section, a civil penalty of $200 for each day the report, payment or delivery is withheld, or the duty is not performed, up to a maximum of $5,000.
(c) A holder who willfully fails to report, pay or deliver property within the time prescribed by this article, or willfully fails to perform other duties imposed by this article, shall pay to the administrator, in addition to interest as provided in subsection (a) of this section, a civil penalty of $1,000 for each day the report, payment or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus twenty-five percent of the value of any property that should have been but was not reported.
(d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a) of this section, a civil penalty of $1,000 for each day from the date a report under this article was due, up to a maximum of $25,000, plus twenty-five percent of the value of any property that should have been but was not reported.
(e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) of this section and penalties under subsections (b) and (c) of this section, and shall waive penalties if the holder acted in good faith and without negligence.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 8. Uniform Unclaimed Property Act
§36-8-2. Presumptions of Abandonment
§36-8-2a. Escheat of United States Savings Bonds
§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository
§36-8-4. Rules for Taking Custody
§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft
§36-8-7. Report of Abandoned Property
§36-8-8. Payment or Delivery of Abandoned Property
§36-8-9. Notice and Publication of Lists of Abandoned Property
§36-8-10. Custody by State; Recovery by Holder; Defense of Holder
§36-8-11. Crediting of Dividends, Interest and Increments to Owner's Account
§36-8-12. Public Sale of Abandoned Property
§36-8-14. Claim of Another State to Recover Property
§36-8-15. Filing Claim With Administrator; Handling of Claims by Administrator
§36-8-16. Action to Establish Claim
§36-8-17. Election to Take Payment or Delivery
§36-8-18. Destruction or Disposition of Property Having No
§36-8-19. Periods of Limitation
§36-8-20. Requests for Reports and Examination of Records
§36-8-21. Retention of Records
§36-8-23. Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States
§36-8-24. Interest and Penalties
§36-8-25. Records of Abandoned Property
§36-8-26. Foreign Transactions
§36-8-27. Transitional Provisions