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19177.0205 When contents of safe deposit box presumed abandoned. 20Tangible property held in a safe deposit box and proceeds from a sale of the property
21by the holder permitted by law of this state other than this chapter are presumed
22abandoned if the property remains unclaimed by the apparent owner 5 years after
23the earliest of the following:
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24(1) The
expiration of the lease or rental period for the box.
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1(2) The earliest date when the lessor of the box is authorized by contract or law
2of this state other than this chapter to enter the box and remove or dispose of the
3contents without consent or authorization of the lessee.
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4Section
55. 177.0207 of the statutes is created to read:
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5177.0207 When security presumed abandoned. (1) Subject to s. 177.0210,
6a security is presumed to be abandoned 3 years after the following:
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(a) The date on which a 2nd consecutive communication sent by the holder by
81st class mail to the apparent owner is returned to the holder by the U.S. postal
9service as undeliverable.
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(b) If the 2nd communication is sent by the holder to the apparent owner later
11than 30 days after the date on which the first communication is returned to the
12holder by the U.S. postal service as undeliverable, the date on which the first
13communication was returned as undeliverable.
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14(2) If the holder does not send communications to the apparent owner of the
15security by 1st class mail, as described in sub. (1), the holder shall attempt to confirm
16the apparent owner's interest in the security by sending the apparent owner e-mail
17not later than 2 years after the apparent owner's last indication of interest in the
18security, except that the holder shall promptly attempt to contact the apparent owner
19by 1st class mail if any of the following applies:
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(a) The holder does not have information needed to send the apparent owner
21e-mail or the holder believes that the apparent owner's e-mail address in the
22holder's records is not valid.
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(b) The holder receives notification that the e-mail was not received.
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(c) The apparent owner does not respond to the e-mail within 30 days from the
25date on which the e-mail was sent.
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1(3) If 1st class mail sent under sub. (2) is returned to the holder by the U.S.
2postal service as undeliverable, the security is presumed abandoned 3 years after the
3date on which the mail is returned.
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4Section
56. 177.0208 of the statutes is created to read:
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5177.0208 When related property presumed abandoned. At and after the
6time property is presumed abandoned under this chapter, any property right or
7interest accrued or accruing from property presumed abandoned under this chapter
8is presumed abandoned.
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9Section
57. 177.0210 of the statutes is created to read:
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10177.0210 Indication of apparent owner interest in property. (1)
11Property is presumed abandoned from the earliest of the following:
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(a) The date on which the property is otherwise presumed abandoned under
13this subchapter.
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(b) The date on which the dormancy period has elapsed following the last
15indication of interest by the apparent owner in the property.
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16(2) Under this chapter, an indication of an apparent owner's interest in
17property includes the following:
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(a) A record communicated by the apparent owner to the holder or the holder's
19agent concerning the property or the account in which the property is held.
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(b) An oral communication by the apparent owner to the holder or agent of the
21holder concerning the property or the account in which the property is held, if the
22holder or the holder's agent contemporaneously makes and preserves a record of the
23fact of the apparent owner's communication.
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(c) Presentment of a check or other instrument of payment of a dividend,
25interest, or other distribution, or evidence of receipt of a distribution made by
1electronic or similar means, with respect to an account, underlying security, or
2interest in a business association.
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(d) Activity directed by an apparent owner in the account in which the property
4is held, including accessing the account or information concerning the account, or a
5direction by the apparent owner to increase, decrease, or otherwise change the
6amount or type of property held in the account.
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(e) A deposit into or withdrawal from an account at a financial organization,
8including an automatic deposit or withdrawal previously authorized by the apparent
9owner, other than an automatic reinvestment of dividends or interest.
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(f) Subject to sub. (5), payment of a premium on an insurance policy.
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(g) Any other action by the apparent owner that reasonably demonstrates to
12the holder that the apparent owner knows that the property exists.
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13(3) An action by an agent or other representative of an apparent owner, other
14than the holder acting as the apparent owner's agent, is presumed to be an action on
15behalf of the apparent owner.
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16(4) A communication with an apparent owner by a person other than the holder
17or the holder's representative is not an indication of interest in the property by the
18apparent owner unless a record of the communication evidences the apparent
19owner's knowledge of a right to the property.
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20(5) If an insured person dies or the insured or beneficiary of an insurance policy
21otherwise becomes entitled to the proceeds before depletion of the cash surrender
22value of the policy by operation of an automatic-premium-loan provision or other
23nonforfeiture provision contained in the policy, the operation does not prevent the
24policy from maturing or terminating for purposes of this chapter.