72 Pa. Stat. § 1301.3

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1301.3 - Property held by financial institutions
1. Any demand, saving or matured time deposit in a financial institution, or any funds paid toward the purchase of shares or other interest in a savings association, savings and loan or building and loan association, excluding any charges that may lawfully be withheld, unless within the preceding three (3) years the owner has:
(i) Increased the amount of the deposit, shares or claim, otherwise than by the crediting of accrued interest, or decreased it, or presented to the holder evidence of the deposit, shares or claim; or
(ii) Corresponded in writing with the holder concerning the deposit, shares or claim; or
(ii.1) Affirmatively, in written or electronic communication, changed or assented to a change in the terms and conditions under which the deposit, shares or claim is held; or
(iii) Otherwise indicated an interest in the deposit, shares or claim as evidenced by a writing on file with the holder; or
(iv) Received tax reports or regular statements of the deposits, shares or claim by certified mail or other method of communication that will provide the financial institution with a record that such report or statement was transmitted and received; or
(v) Owned other property held by the financial institution to which subclause (i), (ii), (iii) or (iv) applies.
2. A deposit under clause 1 shall include any interest or dividend which the financial institution would pay to the owner upon claim therefor. The charges which may be excluded hereunder shall not include any charge due to inactivity imposed, directly or indirectly, after December 31, 1981 unless there is a valid and enforceable written contract between the financial institution and the owner of the deposit pursuant to which the financial institution may impose said charge.
3. Any sum payable on checks or on written instruments including, but not limited to, drafts, money orders and travelers checks, on which a financial institution is directly liable, and (i) which have been outstanding for more than three (3) years, or in the case of travelers checks, fifteen (15) years, or in the case of money orders, six (6) years in calendar year 2003 and seven (7) years in calendar year 2004 and thereafter, from the date payable or from the date of issuance if payable on demand; and (ii) the owner of which has not written to the financial institution concerning it, nor otherwise indicated an interest . An indication of interest in a check or instrument on which a financial institution is directly liable shall be recognized if it is made with respect to the interests of the remitter, the payee or a person entitled to enforce the instrument.
4. Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository in the Commonwealth on which the lease or rental period has expired due to nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, if the same has not been claimed by the owner for more than three (3) years from the date on which the rental period expired.
5. The following deposits described in clause 1 shall be excluded from the presumption of being abandoned and unclaimed only while the conditions described below are in effect:
(i) Deposits during any period when withdrawals may be made only upon an order of a court of competent jurisdiction.
(ii) Deposits established under 20 Pa.C.S. Ch. 53 (relating to Pennsylvania Uniform Transfers to Minors Act) or similar law concerning transfers to minors while the custodianship has not been terminated.
(iii) Burial reserve accounts and similar deposits established under written agreements to provide for the funeral and/or burial expenses of a person while the person is still alive.

72 P.S. § 1301.3

Amended by P.L. 1053 2014 No. 126, § 2, eff. 7/10/2014.
1929, April 9, P.L. 343, art. XIII.1, § 1301.3, added 1982, Dec. 9, P.L. 1057, No. 248, § 5, imd. effective. Amended 2002, June 29, P.L. 614, No. 91, § 6, effective July 1, 2002; 2003, Dec. 23, P.L. 243, No. 45, § 4, imd. effective.