West Virginia Code § 36-8-10

Custody by state; recovery by holder; defense of holder
Open in Lexace · Ask the AI about this section
(a) In this section, payment or delivery is made in "good faith" if:
(1) Payment or delivery was made in a reasonable attempt to comply with this article;
(2) The holder was not then in breach of a fiduciary obligation with respect to the property
and had a reasonable basis for believing, based on the facts then known, that the property
was presumed abandoned: Provided, That no fiduciary shall be deemed to be in breach of a
fiduciary obligation for purposes of this section by virtue of paying or delivering property to
the administrator prior to the expiration of the period for holdingu unclaimed or abandoned
property contained in the instrument under which such fiduciary is acting; and
(3) There is no showing that the records under which the payment or delivery was made did
not meet reasonable commercial standards of practicea.
(b) Upon payment or delivery of property to the adlministrator, the state assumes custody
and responsibility for the safekeeping of the property. A holder who pays or delivers
property to the administrator in good faith is relieved of all liability arising thereafter with
respect to the property. i
(c) A holder who has paid money to the administrator pursuant to this article may
subsequently make payment to a person reasonably appearing to the holder to be entitled to
payment. Upon a filing by the holder of proof of payment and proof that the payee was
entitled to the payment, the administrator shall promptly reimburse the holder for the
payment without imposing a fee or other charge. If reimbursement is sought for a payment
made on a negotiable instrument, including a traveler's check or money order, the holder
must be reimbursed upon filing proof that the instrument was duly presented and that
payment was Vmade to a person who reasonably appeared to be entitled to payment. The
holder must be reimbursed for payment made even if the payment was made to a person
whose claim was barred under §36-8-19(a) of this code.
(d) A holder who has delivered property other than money to the administrator pursuant to
this article may reclaim the property if it is still in the possession of the administrator,
without paying any fee or other charge, upon filing proof that the apparent owner has
claimed the property from the holder.
(e) The administrator may accept a holder's affidavit as sufficient proof of the holder's right
to recover money and property under this section.
(f) If a holder pays or delivers property to the administrator in good faith and thereafter
another person claims the property from the holder or another state claims the money or
property under its laws relating to escheat or abandoned or unclaimed property, the
administrator, upon written notice of the claim, shall defend the holder against the claim and
indemnify the holder against any liability on the claim resulting from payment or delivery of
the property to the administrator.
(g) Property removed from a safe deposit box or other safekeeping depository is received by
the administrator subject to the holder's right to be reimbursed for the cost of the opening
and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or
storage charges in an amount not to exceed $150. The administrator shall reimburse the
holder after the property has been claimed and returned to the apparent owener using funds
in the Unclaimed Property Fund.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.