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12 U.S.C. § 216bDisposition of unclaimed property

submitted 44 years ago by Pub. L. 96-221 to r/title-12-BANKS-AND-BANKING · 931 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Comptroller must publish a Federal Register notice giving people twelve months to claim unclaimed bank property. Claimants who prove they're entitled get their property back, but must cover the costs and risks of delivery. Unclaimed property left over after the deadline becomes U.S. property, and disputes about it can go to court.

(a) Deadline and notice: (1) Within twelve months of October 15, 1982, the Comptroller had to publish formal notice in the Federal Register that all claims to unclaimed property in the Comptroller's possession, custody, or control must be filed within twelve months after the notice's last publication date, or be barred afterward. (2) The notice had to list the names of last known owners (if any), the names and locations of the closed banks involved, and a general description of the types of unclaimed property. The Comptroller could also give additional notice locally, as it saw fit. (3)(A) Before formal notice was published, the Comptroller couldn't disclose — by publication, inspection, or any other way — information about the ownership or description of any specific unclaimed property. (B) After that, the Comptroller can disclose descriptive information about specific unclaimed property only to a claimant of that property. The Comptroller can recoup its notice-related expenses from any authorized sale of property, and must give claimants a reasonable chance to inspect specific property in Washington, D.C. (b) Returning property to claimants: (1) The Comptroller must deliver property to a claimant or their legally authorized representative once the Comptroller receives proof it considers adequate that the claimant is entitled to it — but only if the claimant files within twelve months after the notice's last publication date. (2)(A) The Comptroller has authority to decide whether claims are valid, and can recoup its claims-handling expenses from authorized property sales. (B) The claimant bears all expenses of delivering the property. The Comptroller isn't responsible for any loss connected to handling, storing, or delivering property to a claimant, and can require the claimant to buy insurance against that risk. (c) What happens to unclaimed property: (1) If, twelve months after the Federal Register notice is published, property remains in the Comptroller's possession, custody, or control with no valid claim filed, all rights, title, and interest in it immediately vest in the United States. (2) The Comptroller can then, at its discretion, sell, use, destroy, or otherwise dispose of the property — including donating it to the Smithsonian Institution for the national collection. (3) Sale proceeds, after the Comptroller recoups its expenses, are covered into the Treasury as miscellaneous receipts. (d) No personal liability: The United States, the Comptroller, or any of the Comptroller's officers, employees, or agents can't be held personally or legally liable for deciding whether a claim is valid, or for delivering, selling, destroying, or otherwise disposing of unclaimed property. (e) Court action: (1) A court action to determine legal ownership, entitlement, or right to possession can be filed in any state or federal court of competent jurisdiction, other than against the United States, the Comptroller, or their officers, agents, or employees. (2) Such actions are decided fresh ("de novo"), without regard to any agency determination or to how the Comptroller disposed of or delivered the property. (3) The United States, the Comptroller, and their officers, employees, or agents can't be a party to that lawsuit and aren't bound by its outcome. (f) Court of Federal Claims: (1) The U.S. Court of Federal Claims has exclusive jurisdiction over suits against the United States, the Comptroller, or their officers, employees, or agents regarding a claim determination or the disposition of unclaimed property. (2) That court can set aside the Comptroller's actions only if they're arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (3) All such claims are barred unless suit is filed within two years after the twelve-month notice period expires. (4) For purposes of section 1491 of Title 28, any claim against the Comptroller, the United States, or their officers, employees, or agents is considered a claim against the United States.
the actual law source: uscode.house.gov ↗public domain
(a) Limitations for filing claims; publication of notice in Federal Register; contents of notice; disclosure of descriptive information; inspection of specific property
(1)

Within twelve months following October 15, 1982, the Comptroller shall publish formal notice in the Federal Register that all claims to rights of any claimant to obtain title to, or custody or possession of, any unclaimed property in the possession, custody, or control of the Comptroller must be filed within twelve months following the last date of publication of such formal notice in the Federal Register or shall thereafter be barred.

(2)

Such notice shall contain the names of last known owners, if any, names and locations of affected closed banks, and a general description of the types of unclaimed property held by the Comptroller. The Comptroller may provide additional notice in local communities as it deems appropriate.

(3)
(A)

The Comptroller shall not disclose, by publication, inspection or otherwise, information relating to the ownership or description of any specific unclaimed property prior to publication of formal notice under this section.

(B)

Thereafter, the Comptroller shall disclose descriptive information of specific unclaimed property only to a claimant thereof. The Comptroller may recoup expenses associated with any publication or other provision of notice from any sale of property authorized by this subchapter. Reasonable opportunity for inspection of specific property by a claimant thereof shall be provided in Washington, District of Columbia.

(b) Delivery of property to claimant upon proof of entitlement; determination of validity of claims; recoupment of expenses; liability for losses; insurance requirements
(1)

The Comptroller shall deliver such property to any claimant or his or her legally authorized representative upon receiving proof deemed adequate by the Comptroller that such claimant is entitled to the property, but only if the claimant files for the property within twelve months following the last date formal notice is published in the Federal Register.

(2)
(A)

The Comptroller shall have authority to determine the validity of all claims filed. The Comptroller may recoup expenses associated with the handling and processing of claims from any sale of property authorized by this subchapter.

(B)

All expenses associated with the delivery of any property shall be borne by the claimant. The Comptroller shall not be responsible for any loss in connection with the handling, storage, or delivery of any property to the claimant. The Comptroller may require the claimant to purchase insurance to cover the risk of any loss.

(c) Vesting of rights, title and interest in unclaimed property in United States; sale, use, destruction or disposition of property; proceeds of sale as miscellaneous receipts
(1)

If, after twelve months from the date formal notice is published in the Federal Register, any such property remains in the possession, custody, or control of the Comptroller for which no valid claim has been filed, all rights, title, and interest in such property shall immediately be vested in the United States.

(2)

The Comptroller shall thereupon, in his discretion, sell, use, destroy, or otherwise dispose of any such unclaimed property. Such disposition may include donations to the Smithsonian Institution for addition to the national collection.

(3)

The proceeds of any sale authorized by this section, after recoupment by the Comptroller of any expenses incurred hereunder, shall be covered into the Treasury as miscellaneous receipts.

(d) Liability for determination of validity of claims; liability for delivery, sale, etc., of property

The United States, the Comptroller, or any officer, employee, or agent thereof shall not be subject to personal or legal liability for any determination as to the validity of any claim or claims filed under this subchapter or for any delivery, sale, destruction, or other disposition of unclaimed property.

(e) Court action for determination of ownership, etc., in State or Federal court of competent jurisdiction; de novo nature of action; parties
(1)

A court action to determine legal ownership, entitlement, or right to possession may be filed in any State or Federal court of competent jurisdiction other than against the United States, the Comptroller, or any officer, agent, or employee thereof.

(2)

Such actions shall be determined de novo without regard to any agency determination or any disposition or delivery by the Comptroller of any particular property to any person.

(3)

The United States, the Comptroller, or any officer, employee, or agent thereof shall neither be a party to any such judicial proceeding nor be bound by any decision, decree, or order resulting therefrom.

(f) Jurisdiction of United States Court of Federal Claims of actions against United States, Comptroller, officer, etc.; scope of review of actions of Comptroller; limitations; claims against Comptroller, officer, etc., as claim against United States
(1)

The United States Court of Federal Claims shall have exclusive jurisdiction to hear and determine any suit brought against the United States, the Comptroller, or any officer, employee, or agent thereof with regard to any determination of a claim or the disposition of any unclaimed property.

(2)

The United States Court of Federal Claims may set aside actions of the Comptroller only if such actions are found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

(3)

All claims for which the United States Court of Federal Claims has jurisdiction under this subsection shall be barred unless suit is filed within two years from the date of expiration of the twelve-month notice period provided by this subchapter.

(4)

For purposes of section 1491 of title 28, any Claim 1 against the Comptroller, the United States, or any officer, employee, or agent thereof shall be considered a claim against the United States.

Source credit: (Pub. L. 96–221, title VII, § 733, as added Pub. L. 97–320, title IV, § 408, Oct. 15, 1982, 96 Stat. 1513; amended Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 96-221 · 96 Stat. 1513
  • 1992Amended · Pub. L. 102-572 · 106 Stat. 4516

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-221 on 1982-10-15.

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