Title 44, Chapter 12, Section 203
( 44-12-203)
(a) Intangible property and any income or increment derived
therefrom held in a fiduciary capacity for the benefit of another
person is presumed abandoned unless the owner, within five years
after it has become payable or distributable, has increased or
decreased the principal, accepted payment of principal or income,
communicated concerning the property, or otherwise indicated an
interest as evidenced by a memorandum or other record on file
prepared by the fiduciary. (b) Funds in an individual retirement account or a retirement plan
for self-employed individuals or similar account or plan established
pursuant to the internal revenue laws of the United States are not
payable or distributable within the meaning of subsection (a) of
this Code section unless, under the terms of the account or plan,
distribution of all or part of the funds would then be mandatory. (c) For the purpose of this Code section, a person who holds
property as an agent for a business association is deemed to hold
the property in a fiduciary capacity for a business association
alone, unless the agreement between him and the business association
provides otherwise. (d) For the purposes of this article, a person who is deemed to hold
property in a fiduciary capacity for a business association alone is
the holder of the property only insofar as the interest of the
business association in the property is concerned, and the business
association is the holder of the property insofar as the interest of
any other person in the property is concerned. |