2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 11. Escheats
Subchapter II Unclaimed Property
§ 1176 Failure of person examined to retain records.
(a) If a person subject to examination under § 1171 of this title does not retain the records required by § 1145 of this title, the State Escheator may determine the amount of property due using a reasonable method of estimation based on all information available to the State Escheator, including to extrapolation and the use of statistical sampling when appropriate.
(b) The Secretary of Finance, in consultation with the Secretary of State, shall, on or before December 1, 2017, adopt regulations regarding the method of estimation to create consistency in any examination or voluntary disclosure. These regulations must include permissible base periods, items to be excluded from the estimation calculation, aging criteria for outstanding and voided checks, and the definition of what constitutes complete and researchable records.
81 Del. Laws, c. 1, § 2; 81 Del. Laws, c. 48, § 5.
