Section 447.200

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 447

Effective - 28 Aug 2018   

  447.200.  Inactive consumer deposit accounts, notice, fees — remittance to abandoned fund account, when. — 1.  If any consumer deposit account with a banking organization or financial organization, as such^* terms are defined in and under section 447.503, is determined to be or to have been inactive for a period of twelve or more months and if inactivity fees apply to such^** account, such banking organization, bank or financial organization shall notify the person or depositor named on such inactive^** account of such inactivity ^***.  Notice may be delivered by first class mail, with postage prepaid, and marked "Address Correction Requested", or alternatively, the notice may be sent or delivered electronically if the consumer has consented to receiving electronic disclosures in accordance with the federal Truth in Savings Act, 12 U.S.C. Sections^**** 4301 to 4313, and the regulations promulgated pursuant thereto.

  2.  Notwithstanding any provision of law to the contrary, for any consumer deposit account with a banking organization, bank or financial organization that is or that has been inactive for twelve months or more, such bank or financial organization shall issue annual statements to the person or depositor named on the account.  The organization or a bank may charge a service fee of up to five dollars for any statement issued under this subsection, provided that such fee shall be withdrawn from the inactive account.

  3.  If any consumer deposit account with a banking organization, bank or financial organization is determined to be or to have been inactive for a period of five years, the funds from such account shall be remitted to the abandoned fund account established under section 447.543.

  4.  For purposes of this section, the word "inactive" means a prescribed period during which there is no activity or contact initiated by the person or depositor named on the account, which results in an inactivity fee or fees being charged to the account.

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(L. 2018 H.B. 1879 merged with S.B. 769)

*Word "those" appears in original rolls of S.B. 769, 2018.

**Word "the" appears in original rolls of H.B. 1879, 2018.

***Word "through" appears in original rolls of H.B. 1879, 2018.

****Word "Section" appears in original rolls of S.B. 769, 2018.