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Property Reporting
A Guide for Financial Institutions
Contents
Identifying Unclaimed Property .............................................................................................................. 3
Who Must Report Unclaimed Property? .......................................................................................... 4
When Must We File Our Report? ..................................................................................................... 4
How May We File Our Report? ......................................................................................................... 4
What if We Don’t File? ..................................................................................................................... 5
Notice Requirements .............................................................................................................................. 5
What are the notice requirements? ................................................................................................. 5
What Must the Notice Say? ............................................................................................................. 6
What if A Notice is Returned as Undeliverable? ............................................................................... 6
How Far Must We Go in Trying to Find the Owner?.......................................................................... 6
Can We Assess Dormancy or Inactivity Fees or Stop Paying Interest on Unclaimed Property? .......... 7
Special Rules for Specific Property Types ................................................................................................ 7
Securities ......................................................................................................................................... 7
Safekeeping Items ........................................................................................................................... 7
Safe Deposit Box Contents ............................................................................................................... 7
Allowable Deductions ............................................................................................................................. 8
Can the Remittance be Offset by Amounts Owed to the Holder? ..................................................... 8
What if the value of the property is less than $25? .......................................................................... 9
Completing the Forms ............................................................................................................................. 9
Form A: Transmittal Form ............................................................................................................... 9
Form B: Report of Unclaimed Property ......................................................................................... 10
Avoiding Common Errors. ...................................................................................................................... 10
Recordkeeping ...................................................................................................................................... 11
Reactivation, Reimbursements and Refunds . ........................................................................................ 11
What if the Owner Contacts Us Before We File? ............................................................................ 11
What if An Owner Wants to Claim Property After Funds Have Been Remitted? .............................. 12
What if We Remitted too Much? ................................................................................................... 12
Tips for an Effective Program ................................................................................................................. 13
Exhibit A: Property Code/Description, Deduction Code and Dormancy Periods ...................................... 14
Exhibit B: Special Rules for Delivering Securities to the Colorado State Treasurer .................................. 17
“Unclaimed property” is property that is presumed abandoned because it has had no activity for a
specified period of time. It is defined in Section 38, Article 13 of the Colorado Revised Statutes. The
statute distinguishes between “tangible” and “intangible” property. Generally, tangible property is
personal property that you can see or touch, like jewelry, artwork, or a coin collection. Examples of
intangible property include:
Banks/Credit Unions
Checking or savings account balances
Checks or drafts that were not cashed (cashier’s checks, money orders, traveler’s
checks)
Credit balances or customer overpayments on loans, credit cards or other accounts
Items held as collateral and/or in safekeeping
Moneys distributable from trusts
Safe deposit box contents
Securities, Insurance and Investments
Stocks, bonds and mutual funds, and any uncashed dividends
Proceeds from annuities, insurance policies, endowments
Insurance claims payments or premium refunds that were not cashed
Items held in safekeeping
Moneys distributable from trusts
Employment-Related Items
Wages and payroll that were not cashed or received
Property is considered abandoned after it has had no activity for a specified period of time. This period
of time, called the dormancy period, varies depending upon the property type.
The dormancy period for intangible property is generally five years from the date of last activity, unless
otherwise specified by the statute. For financial institutions, key differences include:
A complete list of property codes and descriptions along with dormancy periods and deduction codes, is
Exhibit A to this guide.
Any holder of unclaimed property has a reporting and remittance obligation. This includes virtually all
types of public and private entities. The requirement is not just limited to banks or credit unions; it
includes all types of financial institutions such as insurance, investments and securities firms. It covers
public entities like courts, government agencies, and political subdivisions (such as cities, counties,
municipal districts, etc.). Non-profit organizations such as hospitals are also covered. The catch-all
phrase “any legal or commercial entity” is
used to pull every other type of business or
organization within the purview of the rules.
Small Business Exception:
A report is NOT required if you do not hold
If a business has gross annual receipts less than
any unclaimed property. However, for $500,000, annual reporting is not required until
financial institutions, the filing of a null report aggregate unclaimed property exceeds $3,500 or a
is considered a best practice for ensuring single unclaimed property exceeds $250.
consistency and accuracy of recordkeeping.
All reports must be filed not later than November 1 of each year (May 1 for life insurance companies).
The annual reporting period goes from July 1 of the previous year to June 30 of the year in which the
report is filed. So, for example, the report that will be submitted on November 1, 2010 will cover
property that became dormant any time between July 1, 2009 and June 30, 2010.
Both paper and electronic filings are accepted by the Colorado State Treasurer. A complete report
consists of two forms:
Form A, a cover sheet that identifies your transmittal; and
Form B, which lists the property you are remitting.
If you file electronically, the Colorado State Treasurer’s web site suggests using the web site
www.wagers.net to obtain free reporting software.
1. You may have to pay interest on amounts you should have remitted. Interest accrues at the
annual rate of 18% of the property value from the date the property should have been paid or
delivered. Interest stops accruing when the property is paid or delivered, and any outstanding
interest balance is paid in full.
2. You may be fined for intentionally failing to report. This civil penalty is $100 a day for each day
the report is withheld, up to $5,000 maximum.
3. You may be fined for intentionally failing to deliver property. This civil penalty equals 25% of the
value of the property that should have been paid or delivered.
Errors that are not intentional (“willful”) and resulted from honest mistakes are unlikely to receive harsh
penalties. However, your institution must have well-defined processes and procedures in place to
support the conclusion that an error was inadvertent. It is considered a “best practice” to have written
procedures for unclaimed property reporting. An institution with no protocols, or ones that are poorly-
defined, is at greater risk of being found in non-compliance.
The law states that not more than 120 days before filing the report, the holder shall send written notice
to the apparent owner’s last-known address, informing the owner that the holder has property that
may be remitted to the state. [See C.R.S. 38-13-110(5)]
This notice must be delivered if both of the following conditions are met:
1. The holder’s records do not indicate that the last-known address is inaccurate; and
2. The property is valued at fifty dollars or more.
The law does not specify the minimum time frame before reporting that the notice must be given.
However, you should deliver the notice within a reasonable amount of time before filing, to give the
owner an opportunity to contact you to prevent the reporting and remittance. For example, a sixty-day
advance notice might be considered reasonable, while one given five days prior to the reporting
deadline likely would not.
Inform the owner that the holder is in possession of property that is subject to the Unclaimed
Property Act;
Advise the owner that if s/he does not contact the holder prior to a specified date (usually a few
weeks before the reporting deadline), that the property will be turned over to the State
Treasurer; and
Provide contact information and instructions for how to contact the holder to prevent the
reporting and remittance.
This is a common occurrence. There is no particular action that the law requires you to take. However,
it is considered a best practice to keep the returned mail along with your reporting and remittance
records. This proves that you complied with the rule and attempted contact with the owner. Doing so
also helps ensure that you can comply with the requirement to retain an owner’s last-known address for
five years after the property becomes reportable.
The law does not mandate that you take any particular action other than sending the required notice.
You are not obligated to “hunt down” the property owner. But keep in mind that in order for bank
deposits to meet the definition of “abandoned” under the statute, the owner must have had no
communication or activity for the previous five years concerning either the abandoned account or any
other relationship with the financial institution. [See 38-13-107(1)(e)]
For this reason, you must compare your initial list of abandoned property to your other customer
records. If a particular account has been dormant, but you have other active accounts held by the same
owner, you should neither report nor remit the inactive account. Instead, you should communicate with
the owner about the dormant account, using the address listed on the active account. An active account
is one where the institution’s records demonstrate written communication from the owner, or
memoranda or records showing that the owner has used or inquired about the account.
Example:
Your abandoned property report shows checking account number 123456, owned by Roberta
Williams, 123 Main Street, under Tax ID number 123-45-6789. You compare your records and
find the same Roberta Williams with the same Tax ID number has two other active accounts.
They both have recent activity, and both show a 456 Broad Street address. You should not remit
account 123456. Instead, contact Roberta by phone or mail regarding the dormant account and
obtain her instructions for what she would like to do with it.
How far to go after making the comparison to active accounts is up to the institution. Some stop there.
Others use other means, such as postal forwarding notices or skip tracing services, to try to locate the
property owner. Remember that anything beyond what the law requires is optional and depends upon
the institution’s own procedures.
1. A contract between the holder and property owner permits the fees or cessation of interest;
2. The holder notifies the owner of the fee or interest stoppage in writing to his or her last-known
address, at least three months in advance of the fee being imposed or interest ceasing; AND
3. The holder regularly imposes such fees or stops paying interest and does not regularly reverse
the charges or resume interest payments on the unclaimed property.
Securities must be delivered to the Treasury’s custodian, and the ownership legally transferred to
the ownership of the state. In general, what you report must match what you deliver, and you must
specifically describe the delivery by security name, CUSIP number, and number of shares. You must
notify the State two days prior to delivery of the intended delivery. Reporting securities but delivering
cash from the liquidation of the securities does not comply with the Unclaimed Property Act. Specific
rules for securities can be found in Exhibit B.
Safekeeping Items (excluding safe deposit box contents) are reported on Form B, but are not given
a value. You should physically deliver these items to the Treasury along with your report. Examples of
items held in safekeeping may include intangible property you held as a service to a customer, such as
deeds, wills, stock certificates or insurance policies. They may also include tangible property, such as
jewelry, antiques, artwork, or other valuables.
Safe Deposit Box Contents are reported on Form B, but are not given a value. Remember that
you report contents of boxes for which the rent expired five or more years ago and the owner has not
claimed the contents. (Many institutions mistakenly report box contents upon the death of an owner.
This is NOT the correct process!) If you have safe deposit box contents to turn over, you must contact
the Unclaimed Property Division at the State Treasury for detailed instructions on how to inventory,
package and deliver the property. Do NOT remit box contents until the Treasury instructs you to do so.
Examples:
Jan Jones received a cashier’s check for $200 when closing an account. The cashier’s check was
never cashed. This category of item falls into the “whichever is less” category, so the deduction
is the lesser of 2% ($4) or $25. You may deduct and retain $4 and remit $196.
Mike Miller never cashed a $450 paycheck he was issued. This item falls into the “whichever is
more” category, so the deduction is the greater of 2% ($9) or $25. You may deduct $25 and
remit $425.
A holder is also entitled to exercise any legal or contractual rights of offset in the property before
delivering it to the Treasury. [See 38-13-112 (1)(c )] For example, if you discover a deposit account
balance owned by an individual who also had a charged-off loan, and your institution’s deposit contract
specified that it could use the deposit funds to offset any amounts due the institution, the institution
can apply the unclaimed deposit funds to the loan balance. Note that any excess balance remaining
after applying the offset must still be reported and remitted.
Example:
Bob Barnes abandoned a matured CD in the amount of $5000. When comparing Bob’s TIN to
your records, you notice that he also previously defaulted on a credit card balance of $2000
which remains unpaid. You can deduct the amount owed from the credit card agreement from
the remittance amount. Report only $3000 as the “amount due owner” in cell 10 on Form B.
A holder is allowed to combine accounts or property valued at less than $25.00 and report the total of
all property in that category under a single line item on the report. If the holder uses this reporting
option, no deduction is allowed to be taken from the aggregate.
What’s interesting about this option is that the recordkeeping rules still require a holder to submit and
maintain a list of the owners of the aggregated funds and the amount of each item. The list must
include the owner’s name, last-known address, and the amount of the property. Because of this,
aggregate reporting may not provide a benefit to the reporter. For reporters who wish to take the
allowable deduction, aggregating may not be the best option.
The amount deducted from each item cannot exceed the amount due to the owner. So, for example, if
the amount of property is $15.00, you can only retain $15.00, even if the property is of a type where you
are allowed to deduct up to $25.00 under the “whichever is more.”
If you are filing electronically using NAUPA-approved software, you should follow the software provider’s
instructions for the submission of the transmittal information and reporting form. Some software
completes the entire process electronically, including the officer attestation. Other software requires
that you mail the signed transmittal form even when transmitting the report electronically.
Electronic filers should keep in mind that the instructions below correspond to item numbers on the
paper forms. Electronic fields may differ. Refer to your vendor’s electronic filing guide for reporting
instructions.
1. Enter your institution’s name, street address AND mailing address, city, state and zip code.
2. Enter your institution’s federal Employer Identification Number (EIN).
3. Enter the state in which and date that your institution was incorporated. Alternatively, enter
the state that is the institution’s principal place of business, and the date business began.
4. Fill in the appropriate circle to indicate the asset size of the institution.
5. Check the box to indicate your institution’s primary business activity.
6. Complete this section of your institution has ever reported under a different name. For
example, if your entity merged with another entity, and took the new entity’s name, you would
enter your former name, former EIN and date of the change.
7. Enter the contact information for two key roles at your institution: the person who should be
contacted with questions about the report, and the person who should be contacted regarding
claims to the listed property. Complete both sections even if the person in both roles is the
same individual.
8. If you have reported items on the Colorado report to any other state, list the name(s) of the
other state(s) to which items were reported.
9. An OFFICER of the institution must complete and sign this section. Print the officer’s name, the
number of pages in the report, the totals remitted, and fill in the circle to indicate how the funds
were remitted. The officer should sign and date the form, list his or her title and phone number.
10. If submitting by paper, mail the form to the address at the top of the form. If submitting
electronically, follow the electronic provider’s instructions regarding whether a paper form must
be submitted in addition to the electronic one.
Retain the proper records before, during and after filing the
report.
Good recordkeeping throughout the lifecycle of a business relationship helps holders to comply with
these rules. Only with accurate records can a holder determine whether and when property may be
considered abandoned.
During the reporting cycle, a holder should keep records of the communications sent to owners of
unclaimed property. This proves that the holder has complied with the notification requirements.
Once a report has been filed, the law requires holders to keep copies of unclaimed property reports and
supporting records for five years after the property becomes reportable. Such records should include as
many of the following as are applicable:
If the owner contacts you BEFORE you report and remit, you can stop the reporting process and return
the property to the owner. You will need a procedure to validate the identity of the person who is
claiming to be the owner of the property, and establishing the validity of their claim. Once you have
completed the validation process, you will need to keep records that prove that you paid out the
property to the owner and that it was received by the owner (e.g., a cover letter transmitting a payment
by check, along with proof that the check was eventually cashed). The retention of records of these
communications helps fulfill your recordkeeping obligations.
You are allowed to reactivate a dormant account upon the account holder’s request. In doing so, you
must ensure that the owner can actually access the account. Retain proof of this accessibility along with
the records you retain, to evidence compliance.
What if An Owner Wants to Claim Property After Funds Have Been Remitted?
You have the option to either accommodate this request or refuse it. Most institutions prefer to refuse
the request and choose to refer owners to the State for making their claim.
If you refuse it, direct the property owner to the State for making a claim, as explained in the
paragraph below.
If you decide to pay the claim, you can obtain a reimbursement from the State by completing a
“Holder Reimbursement Form” found on the Treasury web site. You must also attach proof of
payment for each owner paid, such as a copy of the cancelled check used to make payment.
If the owner contacts you AFTER you report and remit, you should explain that the funds already have
been turned over to the State Treasury and provide instructions for contacting the Unclaimed Property
Division. Doing a simple internet search for “Great Colorado Payback” will find the state’s web site. At
this site, owners can find instructions for how to claim their property.
You may request a refund from the State if you have made an accounting error, or have remitted
property that was not actually abandoned. To do so, write a letter to the Holder Compliance Section of
the Unclaimed Property Division explaining the error and asking for a refund. Include any supporting
documentation necessary to prove your explanation of the circumstances.
Reduce your escheat process to writing. A written policy and procedures can help guide staff in
performing their duties accurately and thoroughly.
Set up your process to run smoothly. With the reporting period ending on June 30, the first
week of July should be devoted to matching records of dormancy against currently active
accounts. By the second week of July, send notices to owners of unclaimed property.
Be sure that notices include all pertinent information for contacting the right individual within
your organization who can assist owners in identifying and preventing remittance of their
property.
Institute a secondary review of the report prior to filing. Ideally, someone other than the signing
officer will prepare the report, which allows the signing officer to double-check it for accuracy
and completeness. If this is not practical due to staffing constraints, another officer should at
minimum double-check the report’s contents and arithmetic and compare those totals to the
amount being remitted.
Maintain accurate and complete records of all contacts with account owners.
At least every other year, audit the process to ensure that procedures are being followed and
that the institution is in compliance. The audit process should include:
o Reviewing records used to identify unclaimed property;
o Determining that all classes of unclaimed property held by the institution have been
identified;
o Verifying the timing and content of notices to owners meet compliance requirements;
o Reviewing records of communication with owners who claimed property;
o Sampling or “spot-checking” the filed report for accuracy of entries;
o Verifying the adequacy of supporting documentation retained; and
o Reviewing any communication between the institution and the State regarding the
institution’s compliance with the Act.
Ensure your institution’s contact information at the State is always kept current so that you will
receive the latest updates to information and reporting requirements. Also monitor the “Great
Colorado Payback” web site periodically to confirm your knowledge is current.
Page 15 of 18
Last revised: 09/00
Last Published: 08/10
Exhibit A: Code Sheet 2010
CODE DESCRIPTION DEDUCTION DORMANCY
CODE PERIOD
(years)
have attained the limiting age under the mortality table on which the reserve is based.
See 38-13-109.5
IN05 Premium Refund on Individual Policy L 5
IN06 Unidentified Remittances L 5
IN07 Other Amounts Due Under Policy L 5
IN08 Agent Credit Balances M 5
MISCELLANEOUS CHECKS AND INTANGIBLE PERSONAL PROPERTY
held in the ordinary course of business
MS01 Payroll, Wages or Salary M 1
MS02 Commissions M 5
MS03 Worker’s Compensation Benefits M 1
MS04 Payment for Goods and Services M 5
MS05 Customer Overpayments M 5
MS06 Unidentified Remittances M 5
MS07 Unrefunded Overcharges M 5
MS08 Accounts Payable M 5
MS09 Credit Balances and Accounts Receivable M 5
MS10 Discounts Due M 5
MS11 Refunds Due M 5
MS12 Unredeemed Gift Certificates M 5
MS13 Unclaimed Loan Collateral M 5
MS14 Pension, Profit Sharing, IRA or Keogh Funds M 3
MS15 Proceeds from Dissolution or Liquidation of Property M 1
MS16 Miscellaneous Outstanding Checks M 5
MS17 Other Miscellaneous Intangible Personal Property M 5
MS18 Suspense/Liabilities M 5
Other categories available for use include Utilities, Courts and Public Agencies, and Proceeds from
Mineral Investments. Refer to http://www.colorado.gov/treasury/gcp/generalreportinginfo.html for
more information if you are a holder of these types of funds.
Page 16 of 18
Last revised: 09/00
Last Published: 08/10
Exhibit B: Securities 2010
Securities must be transferred into the ownership of the State. Your report is not complete until you
provide evidence of the transfer. Two days before delivering the securities, a holder must email a list of
intent to deliver to upch.custody@acs-inc.com. Include the CUSIP number, security name, share
amount, broker’s DTC number, and, if applicable, the account number at the fund for Mutual Fund
Securities.
Book Entry/DRP/Direct Registration PRIMARY ADDRESS FOR MAILING STATEMENTS AND CHECKS
Shares Nominee: Colorado & Co
FEIN 33-1059621
c/o ACS Unclaimed Property Clearinghouse
A copy of a confirmation showing 260 Franklin Street, 11th Floor
Colorado & Co as the owners of the Boston, MA 02110
shares must accompany your report.
SECONDARY ADDRESS FOR STATEMENTS AND CHECKS
State of Colorado
Unclaimed Property Division
1580 Logan Street, Suite 850
Denver, CO 80203
One certificate per security position 48 hours before delivery, fax certificate copies or a list of
securities (name, CUSIP #, share amount, certificate number) to
617-711-9660, Attn. Loreta Pingo
Page 17 of 18
Last revised: 09/00
Last Published: 08/10
Exhibit B: Securities 2010
Type of Security Registration Information
Page 18 of 18
Last revised: 09/00
Last Published: 08/10