Up-to-date News Regarding Unclaimed Property and Corporate Compliance

News

First Delaware Secretary of State VDA Program Deadline Approaching

In order to take advantage of the shortest look-back period of the Secretary of State's Voluntary Disclosure program, companies must indicate in writing to the Secretary of State that they intend to enter a Voluntary Disclosure Agreement by June 30, 2013.

Supreme Court Says No to States on Savings Bonds

Photo by smokedsalmon on FreeDigitalPhotos.netToday, the U.S. Supreme Court denied a petition to hear the appeal from several states regarding whether the federal government must turn over unclaimed savings bonds to the states as unclaimed property. The States estimated that the U.S. Treasury had $16 billion in unredeemed savings bonds.

Michigan Bill to Provide Additional Audit Protections

Smash the Piggy BankMichigan HB 4289 would provide holders with greater protections under an unclaimed property audit than current law provides for. Specifically, HB 4289 would require that audits be performed using Generally Accepted Auditing Standards, to the extent applicable to unclaimed property examinations.

Happy Memorial Day!

US FlagsBarganier would like to wish everyone a happy and safe Memorial Day! We would like to take this time to thank everyone who has or is serving in the military and their families. We also remember and honor those that gave the ultimate sacrifice during their service. Thank you!

Minnesota Ramping Up Audit Program

This past week, Patricia Barganier Thorn and Kimberly DeCarrera attended the National Association of State Treasurers’ Treasury Management Symposium. During the unclaimed property portion of the Symposium, Barganier learned that Minnesota has hired a new audit supervisor and is in the process of ramping up its unclaimed property audit program.

What This Means to Holders

Companies are required to report unclaimed property to each state. To enforce compliance, states have statutorily authorized the state administrators to conduct audits. Most administrators have also been authorized to hire third-party auditors to conduct the audits on their behalf.

California Sues Life Insurance Company for Impeding Audit

Photo by smokedsalmon on FreeDigitalPhotos.netCalifornia State Controller John Chiang has sued American National Insurance Company (ANICO) for failing to comply or cooperate with audit requests under a multi-state unclaimed property audit. The lawsuit was filed in Superior Court in Sacramento County.

Florida Makes Claiming Unclaimed Property Easier

Last week, Florida Governor Rick Scott signed Senate Bill 464, to automate certain claims of unclaimed property with the state.

The Unclaimed Property Department has been authorized to implement an electronic system for the submission of claims. Further, if the property claimed is $1,000 or less, the Department may verify identify without the need for a drivers license or a sworn notarized statement.

CFPB Partially Preempts Gift Card Laws, Holders Will Not Be Pleased

In August, the Consumer Financial Protection Bureau (CFPB) announced that it was looking into state gift card laws to determine if particular unclaimed property provisions in those states conflicted with federal law relating to gift cards. The CFPB received twenty comments from interested parties - two from consumer advocacy groups and eighteen from gift card issuers and trade associations.

Audit Nightmare: Select Medical Corp

Select Medical Corporation, a Delaware incorporated entity, has sued the State of Delaware in federal court over the state's recent audit assessment for unclaimed property. The company is challenging Delaware on many aspects, including the retroactive application of its extrapolation statute.

Patricia Barganier Thorn to Speak to State Treasurers

National Association of State TreasurersPatricia Barganier Thorn is scheduled to speak about unclaimed property at the 2013 National Association of State Treasurers' Treasury Management Symposium. Tricia is scheduled to speak on a panel discussing specific unclaimed property reporting issues such as reciprocity, foreign owners, third party administrators, and what constitutes contact.

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