There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 43-41B-3 — General rules for taking custody of intangible unclaimed property.
43-41B-3. General rules for taking custody of intangible unclaimed property. Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under §§ 43-41B-2 and 43-41B-5 to 43-41B-17, inclusive, are satisfied and:
(1) The last known address, as shown on
the records of the holder, of the apparent owner is in this
state;
(2) The records of the holder do not
reflect the identity of the person entitled to the property and it
is established that the last known address of the person entitled
to the property is in this state;
(3) The records of the holder do not
reflect the last known address of the apparent owner, and it is
established that:
(i) The last known address of the person
entitled to the property is in this state;
(ii) The holder is a domiciliary or a
government or governmental subdivision or agency of this state and
has not previously paid or delivered the property to the state of
the last known address of the apparent owner or other person
entitled to the property; or
(iii) The holder originating or issuing
the intangible property is incorporated, organized, created or
constructively located in this state;
(4) The last known address, as shown on
the records of the holder, of the apparent owner is in a state that
does not provide by law for the escheat or custodial taking of the
property or its escheat or unclaimed property law is not applicable
to the property and the holder is a domiciliary or a government or
governmental subdivision or agency of this state;
(5) The last known address, as shown on
the records of the holder, of the apparent owner is in a foreign
nation and the holder is a domiciliary or a government or
governmental subdivision or agency of this state; or
(6) The transaction out of which the
property arose occurred in this state, and
(i)(A) The last known address of the
apparent owner or other person entitled to the property is unknown;
or
(B) The last known address of the apparent
owner or other person entitled to the property is in a state that
does not provide by law for the escheat or custodial taking of the
property or its escheat or unclaimed property law is not applicable
to the property; and
(ii) The holder is a domiciliary of a
state that does not provide by law for the escheat or custodial
taking of the property or its escheat or unclaimed property law is
not applicable to the property.
Source: SL 1992, ch 312, § 3.
Source: SL 1992, ch 312, § 3.
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