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O.C.G.A. § 44-12-202 — When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned | Georgia Code
O.C.G.A. § 44-12-202 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 5 DISPOSITION OF UNCLAIMED PROPERTY

44-12-202. When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned.

All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a person that remains unclaimed by the person entitled thereto, within one year after the date of final distribution or liquidation, shall be presumed abandoned.

(Code 1981, §44-12-202, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 8.)

OPINIONS OF THE ATTORNEY GENERAL

Bank reporting requirements.

- See 1973 Op. Att'y Gen. No. 73-11.

If any particular bank were doing business both in Georgia and another state and the last known address of the person owning the abandoned property was in the other state, the bank should report to the Commissioner of Revenue of the other state, but if the last known address of the owner of the abandoned property was in Georgia, the bank should report to the Commissioner of Banking and Finance in Georgia; if the last known address of the depositor is in neither state the answer would have to depend on the particular state involved and its laws as to unclaimed and abandoned property. 1974 Op. Att'y Gen. No. 74-68.

Proceeds of accounts not claimed during voluntary liquidation of a financial institution pass to the custody of the Department of Banking and Finance for ultimate disbursement pursuant to the Disposition of Unclaimed Property Act, O.C.G.A. § 44-12-190 et seq. 1975 Op. Att'y Gen. No. 75-135.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, § 37. 27 Am. Jur. 2d, Escheat, § 5 et seq.

C.J.S.

- 1 C.J.S., Abandonment, § 8 et seq. 7 C.J.S., Associations, §§ 9, 10. 9 C.J.S., Banks and Banking, §§ 201, 226.

U.L.A.

- Uniform Disposition of Unclaimed Property Act (U.L.A.) § 6.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.