Del. Code tit. 12 § 1166

Current through 2024 Legislative Session Act Chapter 531
Section 1166 - When state escheator must honor claim for property [for application of this section, see 83 del. laws, c. 59, Section 25]
(a) The State Escheator shall pay or deliver property to a claimant under § 1165 of this title if the State Escheator receives evidence sufficient to establish to the reasonable satisfaction of the State Escheator that the claimant is the owner of the property.
(b) The State Escheator shall allow or deny the claim and give the claimant notice of the determination in a written record, which includes the State Escheator's initial attempt to pay or deliver the property to the claimant. If the claim is denied, the State Escheator shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be reconsidered.
(1),
(2) [Repealed.]
(c) The State Escheator may exercise the powers granted by § 1171 of this title to investigate any suspicion of fraudulent activity in a claim and may refer the matter to law enforcement notwithstanding the confidentiality provisions contained in §§ 1174 and 1189 of this title.
(d)
(1) For any property paid or delivered to the State Escheator before August 1, 2022, or for any property paid or delivered to the State Escheator from a bankruptcy proceeding, where the State Escheator subsequently determines that the holder's payment or delivery of property is less than the amount reported by the holder, the State Escheator shall pay any claim allowed on a pro rata basis determined by dividing the amount of property paid or delivered by the amount of property reported.
(2) This subsection is not to be construed to permit a holder to pay or deliver to the State Escheator less property than indicated by a report or determined as due under §§ 1142, 1152, 1170, 1171, 1172, or 1173 of this title.

12 Del. C. § 1166

Amended by Laws 2021, ch. 346,s 6, eff. 6/30/2022.
Amended by Laws 2021, ch. 59,s 10, eff. 6/30/2021.
Added by Laws 2017, ch. 1,s 2, eff. 2/2/2017.
Section 12 of .Act Chapter 346 provides that sections 2, 3, 4, 5, 6, and 7 of this Act apply retroactively to any claims, examinations, voluntary disclosure agreements, or litigation pending as of the effective date of this Act.