C.R.S. Section 38-13-207.5
Bank deposits and funds in financial organizations

  • definition

(1)

Any demand, savings, or matured time deposit with a financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a financial organization is presumed abandoned unless the owner, within five years, has:

(a)

In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest;

(b)

Communicated in writing with the banking or financial organization concerning the property;

(c)

Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the financial organization;

(d)

Owned other property to which subsection (1)(a), (1)(b), or (1)(c) of this section applies and unless the financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection (1) at the address to which communications regarding the other property regularly are sent; or

(e)

Had another relationship with the financial organization concerning which the owner has:

(I)

Communicated in writing with the financial organization; or

(II)

Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and unless the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection (1) at the address to which communications regarding the other relationship regularly are sent.

(2)

Any property described in subsection (1) of this section that is automatically renewable is matured for purposes of subsection (1) of this section upon the expiration of its initial time period, but, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in section 38-13-603, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.

(3)

For purposes of this section, “property” includes interest and dividends.

Source: Section 38-13-207.5 — Bank deposits and funds in financial organizations - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑13‑101
Short title
38‑13‑102
Definitions
38‑13‑103
Inapplicability to wholly foreign transaction
38‑13‑104
Rule-making
38‑13‑201
When property presumed abandoned
38‑13‑202
When tax-deferred retirement account presumed abandoned
38‑13‑203
When other tax-deferred account presumed abandoned
38‑13‑204
When custodial account for minor presumed abandoned
38‑13‑205
When contents of safe-deposit box presumed abandoned
38‑13‑206
When stored-value card presumed abandoned
38‑13‑207
When gift card presumed abandoned
38‑13‑207.5
Bank deposits and funds in financial organizations - definition
38‑13‑208
When security presumed abandoned
38‑13‑209
When related property interest presumed abandoned
38‑13‑210
Indication of apparent owner interest in property
38‑13‑211
Knowledge of death of insured or annuitant - definition
38‑13‑212
Deposit account for insurance policy or annuity contract
38‑13‑213
Refunds held by business associations
38‑13‑214
Foreclosure sale - overbid
38‑13‑215
Funds held in lawyer COLTAF trust accounts - exemption - definition
38‑13‑216
Money held by the public employees’ retirement association - definitions
38‑13‑217
Gaming chips or tokens - gaming award points - inapplicability
38‑13‑218
Property held by racetracks - inapplicability
38‑13‑219
Unclaimed gift cards - limited exception
38‑13‑220
Tax refunds
38‑13‑301
Address of apparent owner to establish priority
38‑13‑302
Address of apparent owner in this state
38‑13‑303
If records show multiple addresses of apparent owner
38‑13‑304
Holder domiciled in this state
38‑13‑305
Custody if transaction took place in this state
38‑13‑306
Traveler’s check, money order, or similar instrument
38‑13‑307
Burden of proof to establish administrator’s right to custody
38‑13‑401
Report required by holder
38‑13‑402
Content of report
38‑13‑403
When report to be filed
38‑13‑404
Retention of records by holder
38‑13‑405
When property reportable and payable or deliverable
38‑13‑501
Notice to apparent owner by holder
38‑13‑502
Contents of notice by holder
38‑13‑503
Notice by administrator
38‑13‑504
Cooperation among state officers and agencies to locate apparent owner
38‑13‑601
Definition of good faith
38‑13‑602
Dormancy charge
38‑13‑603
Payment or delivery of property to administrator
38‑13‑604
Effect of payment or delivery of property to administrator
38‑13‑605
Recovery of property by holder from administrator
38‑13‑606
Crediting income or gain to owner’s account
38‑13‑607
Administrator’s options as to custody
38‑13‑608
Disposition of property having no substantial value - immunity from liability
38‑13‑609
Periods of limitation and repose
38‑13‑701
Public sale of property
38‑13‑702
Disposal of securities
38‑13‑703
Recovery of securities or value by owner
38‑13‑704
Purchaser owns property after sale
38‑13‑705
Military medal or decoration
38‑13‑801
Unclaimed property trust fund - creation - payments - interest - appropriations - records - rules
38‑13‑801.5
Unclaimed property tourism promotion trust fund - creation - payments - interest - transfers - definition
38‑13‑802
Administrator to retain records of property
38‑13‑803
Administrator holds property as custodian for owner
38‑13‑901
Claim of another state to recover property
38‑13‑902
When property subject to recovery by another state
38‑13‑902.1
Claims offset for child support
38‑13‑902.2
Claims offset for judicial restitution, fines, fees, costs, or surcharges
38‑13‑902.3
Claims offset for state tax delinquencies
38‑13‑902.4
Claim of the state or governmental agency
38‑13‑903
Claim for property by person claiming to be owner
38‑13‑904
When administrator must honor claim for property
38‑13‑905
Allowance of claim for property
38‑13‑906
Action by person whose claim is denied
38‑13‑1001
Verified report of property
38‑13‑1002
Examination of records to determine compliance
38‑13‑1003
Rules for conducting examination
38‑13‑1004
Records obtained in examination
38‑13‑1005
Evidence of unpaid debt or undischarged obligation
38‑13‑1006
Failure of person examined to retain records
38‑13‑1007
Report to person whose records were examined
38‑13‑1008
Complaint to administrator about conduct of person conducting examination
38‑13‑1009
Administrator’s contract with another to conduct examination - definition
38‑13‑1010
Limit on future employment
38‑13‑1011
Determination of liability for unreported reportable property
38‑13‑1101
Informal conference
38‑13‑1102
Review of administrator’s determination
38‑13‑1103
Administrative review
38‑13‑1104
Judicial remedy
38‑13‑1201
Judicial action to enforce liability
38‑13‑1202
Interstate and international agreement - cooperation
38‑13‑1203
Action involving another state or foreign country
38‑13‑1204
Interest and penalty for failure to act in timely manner
38‑13‑1205
Other civil penalties
38‑13‑1206
Waiver of interest and penalty
38‑13‑1301
When agreement to locate property enforceable
38‑13‑1302
When agreement to locate property void - rules
38‑13‑1303
Right of agent of apparent owner to recover property held by administrator
38‑13‑1304
Agreements to locate reported property - overbids from foreclosure sales
38‑13‑1401
Definitions - applicability
38‑13‑1402
Confidential information
38‑13‑1403
When confidential information may be disclosed
38‑13‑1404
Confidentiality agreement
38‑13‑1405
No confidential information in notice
38‑13‑1406
Security of information
38‑13‑1407
Security breach
38‑13‑1408
Indemnification for breach
38‑13‑1501
Uniformity of application and construction
38‑13‑1502
Relation to electronic signatures in global and national commerce act
38‑13‑1503
Transitional provision
38‑13‑1504
Application of article - local government - exemption - notice of property
Green check means up to date. Up to date

Current through Fall 2024

§ 38-13-207.5’s source at colorado​.gov