Del. Code tit. 12 § 1156

Current through 2024 Legislative Session Act Chapter 510
Section 1156 - Periods of limitation
(a) Expiration, before, on, or after [the effective date of this Act], of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the State Escheator under this chapter.
(b) The State Escheator may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than 10 years after the duty arose. The period of limitation established by this subsection is tolled by the earlier of the State Escheator's delivery of a notice of an examination to a holder under this chapter, the Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title, or the holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title, or if the State Escheator reasonably concludes that the holder has filed a report containing a fraudulent or wilful misrepresentation.

12 Del. C. § 1156

Amended by Laws 2021, ch. 59,s 7, eff. 8/1/2021.
Added by Laws 2017, ch. 1,s 2, eff. 2/2/2017.