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DE HB133

Bill

Status

Passed

7/5/2011

Primary Sponsor

George

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Amend Section 1203(a) of Title 12 of the Delaware Code by adding "Unless otherwise addressed in §1203(b)," at the beginning of the section to clarify that subsection (a) does not apply when subsection (b) applies.

  • Add a new sentence at the end of Section 1203(a) stating that subsection (a) is mutually exclusive of subsection (b) and shall not be applied in conjunction with §1203(b).

  • Clarify that property explicitly named in and governed by §1203(b), such as certificated and uncertificated securities, is not subject to interpretation under §1203(a).

  • Address confusion from the Delaware Supreme Court decision in A.W. Financial Services, S.A. v. Empire Resources, Inc. (981 A.2d 1114) regarding the interpretation of escheatable property and escheat timing.

  • Eliminate the possibility that §1203(a) and §1203(b) could be applied simultaneously to the same property by establishing that the two subsections are mutually exclusive.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Escheat.

Last Action

Signed by Governor

7/5/2011

Committee Referrals

Judiciary6/14/2011
Judiciary5/26/2011

Full Bill Text

No bill text available