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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 447

previous next Effective - 28 Aug 2014bottom

  447.535.  All other intangible property presumed abandoned, when — ongoing business relationships, certain items not presumed abandoned, when. — 1.  All intangible personal property, not otherwise covered by sections 447.500 to 447.595, including any income or increment thereon, and deducting any lawful charges, that is held or owing in this state in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven years or five years as provided in section 447.536 after it became payable or distributable is presumed abandoned.  Intangible personal property where the property is held in a jurisdiction in which the abandonment presumption is less than seven years or five years as provided in section 447.536 shall be accepted by the state of Missouri.

  2.  Notwithstanding any provision to the contrary, any outstanding check, draft, credit balance, customer's overpayment, or unidentified remittance issued to a business entity or association as part of a commercial transaction in the ordinary course of a holder's business shall not be presumed abandoned if the holder and such business entity or association have an ongoing business relationship.  An ongoing business relationship shall be deemed to exist if the holder has engaged in a commercial, business, or professional transaction involving the sale, lease, license, or purchase of goods or services with the business entity or association or a predecessor-in-interest of the business entity or association within the dormancy period immediately following the date of the check, draft, credit balance, customer's overpayment, or unidentified remittance giving rise to the unclaimed property interest.  As used in this subsection, "dormancy period" means the period during which the holder may hold the property interest before it is presumed to be abandoned.  A "predecessor-in-interest" is a person or entity whose interest in a business entity or association was acquired by its successor-in-interest, whether by purchase of the business ownership interest, purchase of business assets, statutory merger or consolidation, and includes successive acquisitions by whatever means accomplished.

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(L. 1984 H.B. 1088 § 9, A.L. 1986 H.B. 1547, A.L. 1994 S.B. 757, A.L. 1998 H.B. 1510, A.L. 2014 H.B. 1075)


---- end of effective   28 Aug 2014 ----

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