Delaware Code § 12-1176

Failure of person examined to retain records
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(a) If a person subject to examination under § 1171 of this title does not retain the records required by § 1145 of this title, the State
Escheator may determine the amount of property due using a reasonable method of estimation based on all information available to the
State Escheator, including extrapolation and the use of statistical sampling when appropriate.
(b) The Secretary of Finance, in consultation with the Secretary of State, shall, on or before December 1, 2017, adopt regulations
regarding the method of estimation to create consistency in any examination or voluntary disclosure. These regulations must include
permissible base periods, items to be excluded from the estimation calculation, aging criteria for outstanding and voided checks, and the
definition of what constitutes complete and researchable records.

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