Massachusetts General Laws

Mass. Gen. Laws ch. 167, § 35 (2026)

Unclaimed dividends and funds

✓ current as of July 2026
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Section 35. Unclaimed dividends and all other funds received from the liquidation of any institution, so taken possession of, and remaining in the possession of the commissioner after the expiration of twelve months from the order for final distribution, shall be paid by him to the state treasurer, to be held in trust, subject to the conditions hereinafter provided, for the several depositors with the creditors of such institution or other persons entitled thereto, according to their several interests. The commissioner shall state, annually, in his report to the general court the names of institutions so taken possession of and liquidated and the amounts of unclaimed dividends and other funds held by him with respect to every such institution. Upon certification by the commissioner that he has been furnished satisfactory evidence of their right to the same, the state treasurer shall pay over the money so held by him to the persons respectively entitled thereto. In cases of doubt or of conflicting claims, the commissioner may require an order from the supreme judicial court authorizing and directing payment, and any expenses incurred in connection therewith shall be deducted before payment from the amount payable. At the expiration of six years from the date of receipt by the state treasurer from the commissioner of any such unclaimed dividends or other funds, upon certification by the commissioner that no claim thereto has been proven to his satisfaction or is pending, the same or the balance thereof then remaining, together with the interest, if any, earned thereon, shall escheat to the commonwealth.

Notes of Decisions
Cited in 3 cases, 1921–2004 · leading case: Cosmopolitan Trust Co. v. Rosenbush, 131 N.E. 858 (Mass. 1921).
Cosmopolitan Trust Co. v. Rosenbush, 131 N.E. 858 (Mass. 1921). “G. L. c. 167, § 35. St. 1878, c. 261, §1.”
Washington Mut. Bank, F.A. v. Macrae, 18 Mass. L. Rptr. 499 (Mass. Super. Ct. 2004). “See G.L.c. 167, §35 (unclaimed dividends and funds left over after the liquidation of a bank are to be paid to the state treasurer and shall if unclaimed escheat to the Commonwealth).”
Comm'r of Banks, 252 Mass. 348 (Mass. 1925). “The provisions of G. L. c. 167, § 35, respecting “dividends and unclaimed deposits” omit all reference to “unproved .”
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