(a) Subject to § 41-104, any stock, other certificate of ownership, or other intangible ownership interest, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to the owner, is presumed abandoned if the owner has not claimed it, corresponded in writing with the business association concerning it, or otherwise communicated with the association concerning it, as evidenced by a memorandum or other record on file with the association within 3 years after the date prescribed for payment or delivery.

(b) Subject to § 41-104, any intangible interest in a business association, as evidenced by the stock records or membership records of the association, is presumed abandoned if:

(1) The interest in the association is owned by a person who for more than 3 years has not:

(A) Claimed a dividend, profit, distribution, interest, payment on principal, or other sum held or owing by the association for or to the person; or

(B) Corresponded in writing with the association or otherwise communicated with the association, as evidenced by a memorandum or other record on file with the association;

(2) The association does not know the location of the owner at the end of the 3-year period; and

(3) With respect to the intangible interest in a business association, the business association shall be deemed the holder.

(4) The return of official shareholder notifications or communications by the postal service as undeliverable shall be evidence that the association does not know the location of the owner.

(c) Subject to § 41-104, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to the owner, is presumed abandoned at the time the stock, other certificate of ownership, or other intangible ownership interest to which it attaches is presumed abandoned.

(d) This chapter does not apply to any stock or other intangible ownership interest enrolled in a plan that provided for the automatic reinvestment of dividends, distribution, or other sums payable as a result of the interest unless one or more of the following applies:

(1) The records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not, within 3 years, communicated in any manner described in subsection (a) of this section.

(2) Three years have elapsed since the location of the owner became unknown to the association, as evidenced by the return of official shareholder notifications or by the postal service as undeliverable, and the owner has not within those 3 years communicated in any manner described in subsection (a) of this section. The 3-year period from the return of official shareholder notifications or communications shall commence from the earlier of the return of the second such mailing or the time the holder discontinues mailings to the shareholder.

(Mar. 5, 1981, D.C. Law 3-160, § 109, 27 DCR 5150; Sept. 29, 1992, D.C. Law 9-161, § 2(g), 39 DCR 5696; Mar. 20, 1998, D.C. Law 12-60, § 1701(f), 44 DCR 7378.)

1981 Ed., § 42-209.

This section is referenced in § 41-119 and § 41-122.

For temporary amendment of section, see § 1701(f) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 1701(f) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Section 1701(f) of D.C. Law 12-59 substituted “3 years” for “5 years” in (a) and (b)(1); substituted “3-year” for “5-years” in (b)(2); and added (b)(4) and (d).

Section 2001(b) of D.C. Law 12-59 provided that the act shall expire after 225 days of its having taken effect.

Uniform Law: This section is based upon § 10 of the Uniform Unclaimed Property Act (1981 Act).