2017 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 11. ESCHEATS
Subchapter II Unclaimed Property
§ 1147. Limitation on assignment or transfer of liability.

Universal Citation: 12 DE Code § 1147 (2017)

(a) A holder may not assign or otherwise transfer its obligation to hold for or pay or deliver property or to comply with the duties of this chapter, other than to a parent, subsidiary, or affiliate of the holder.

(b) Unless otherwise agreed to by the parties to a transaction, the holder's successor by merger or consolidation, or any person or entity that acquires all or substantially all of the holder's capital stock or assets, shall be responsible for fulfilling the holder's obligation to hold for or pay or deliver property or to comply with the duties of this chapter regarding the transfer to it of property owed to and being held for an owner resulting from the merger, consolidation, or acquisition.

(c) Nothing in this section prohibits a holder from contracting with a third party for the reporting of unclaimed property. But, a holder shall remain responsible to the State Escheator for the complete, accurate, and timely reporting of the property.

81 Del. Laws, c. 1, § 2.;

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