2021 Georgia Code
Title 44 - Property
Chapter 12 - Rights in Personalty
Article 5 - Disposition of Unclaimed Property
§ 44-12-197. When Certain Deposits or Other Interests in Banking or Financial Organization Presumed Abandoned

1. Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within five years, has:
   1. 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 or negotiated a check in payment of interest on a time deposit;
   2. Communicated in writing with the banking or financial organization concerning the property;
   3. Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; for purposes of this paragraph, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in this subsection and a record of its not being returned by the United States Postal Service or its successor shall be an indication of interest;
   4. Owned other property to which paragraph (1), (2), or (3) of this subsection is applicable if the banking or financial organization communicated in writing with the owner with regard to the property that would otherwise be presumed abandoned under this paragraph at the address to which communications regarding the other property regularly are sent;
   5. Had another relationship with the banking or financial organization concerning which the owner has communicated in writing with the banking or financial organization or has otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization if the banking or financial organization communicates in writing with the owner with regard to property that would otherwise be abandoned under this paragraph at the address to which communications regarding the other relationship regularly are sent; or
   6. A deposit made with a banking or financial organization by a court or by a guardian pursuant to order of a court or by any other person for the benefit of a person who was a minor at the time of the making of such deposit, which deposit is subject to withdrawal only upon the further order of such court or such guardian or other person, shall not be subject to the provisions of this article until one year after such minor attains the age of 18 years or until one year after the death of such minor, whichever occurs sooner.These accounts are not subject to dormant service charges.
2. For purposes of this Code section, "property" includes any interest or dividends thereon.No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account.A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account.
3. No banking or financial organization may cease to accrue interest on any account from the date the account is declared dormant or inactive by such organization except in conformity with cessation of interest generally assessed upon active accounts.With respect to any property described in this subsection, a holder may not impose any charges due to dormancy or inactivity which differ from those imposed on active accounts or cease to pay interest unless:
   1. For property in excess of $50.00, the holder, no more than three months before the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease, but the notice provided in this paragraph need not be given with respect to charges imposed or interest ceased before July 1, 1990; and
   2. The holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to such property.
4. Any automatically renewable property to which this Code section applies is matured upon the expiration of its initial time period. However, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicates consent as specified in subsection (a) of this Code section, 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 subsection (e) of Code Section 44-12-214, 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.

(Code 1981, §44-12-197, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 3.)

- Pursuant to Code Section 28-9-5, in 1990, a comma was inserted following "years" near the end of the introductory language in subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Bank reporting requirements.

- If any particular bank were doing business both in Georgia and another state and the last known address of the person owning the abandoned property was in the other state, the bank should report to the Commissioner of Revenue of the other state, but if the last known address of the owner of the abandoned property was in Georgia, the bank should report to the Commissioner of Banking and Finance in Georgia; if the last known address of the depositor is in neither state the answer would have to depend on the particular state involved and its laws as to unclaimed and abandoned property. 1974 Op. Att'y Gen. No. 74-68.

- In light of the broad scope of the omnibus section (O.C.G.A. § 44-12-200) and the uniform nature of the interpretation of the 1972 and 1990 Disposition of Unclaimed Property Acts, the omnibus section of each respective Act includes intangible property held or owing in the ordinary course of the holder's business. 1993 Op. Att'y Gen. No. 93-2.

Noncash property presumed abandoned under O.C.G.A. § 44-12-197 need not be placed in an interest bearing savings account. 1974 Op. Att'y Gen. No. 74-108.

Proceeds of accounts not claimed during voluntary liquidation of a financial institution pass to the custody of the Department of Banking and Finance for ultimate disbursement pursuant to the Disposition of Unclaimed Property Act, O.C.G.A. § 44-12-190 et seq. 1975 Op. Att'y Gen. No. 75-135.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, § 35. 30 Am. Jur. 2d, Escheat, § 5 et seq.

- 1 C.J.S., Abandonment, § 8 et seq. 30A C.J.S., Escheat, § 4 et seq.

- Uniform Disposition of Unclaimed Property Act (U.L.A.) § 2.