ORS 98.352: Report of abandoned property.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 shall deliver to the State Treasurer the report described in subsection (2) of this section and shall pay or deliver to the State Treasurer, for deposit in the Unclaimed Property and Estates Fund, all property presumed abandoned, except that for the following funds the holder is not required to deliver the funds presumed abandoned to the State Treasurer: (a) Funds transferred to the General Fund under ORS 293.455 (1)(a). (b) Funds in the possession of the Oregon Child Support Program described in ORS 180.345. (c) Funds described in ORS 9.725 (3) or 98.386 (2) that are held in lawyer trust accounts or in the possession of the Oregon State Bar. (2) A report must include: (a) Except with respect to traveler’s checks and money orders, the name, if known, and address, if known, of each person appearing from the records of the holder to be the owner of any property presumed abandoned under ORS 98.302 to 98.436 and 98.992; (b) In case of unclaimed funds of life insurance corporations, the full name of the insured or annuitant and last-known address according to the life insurance corporation’s records; (c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due; (d) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (e) Other information that the State Treasurer prescribes by rule as necessary for the administration of ORS 98.302 to 98.436 and 98.992. (3) If the holder of property presumed abandoned is a successor to other holders or has had a name change while holding the property, the holder shall file with the report all prior known names and addresses and effective dates of changes. (4) Except as otherwise provided under ORS 312.560 (2), the holder shall file the report after October 1, but no later than November 1, of each year for accounts dormant as of June 30. Upon written request from any person required to file a report, the State Treasurer may postpone the reporting date. All records are exempt from public review for 12 months from the time the property is reportable and for 24 months after the property has been remitted to the State Treasurer. All lists of records or property held by a government or public authority under ORS 98.336 are exempt from public review until 24 months after the property is remitted to the State Treasurer. (5) If the holder of property presumed abandoned under ORS 98.302 to 98.436 and 98.992 knows the whereabouts of the owner and if the owner’s claim is not barred by the statute of limitations, the holder shall, before filing the report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner at least 60 days before filing the report. (6) If the property presumed abandoned is a lawyer trust account established by an attorney or law firm, the report required by this section must indicate that the account is a lawyer trust account. (7) The holder shall verify the accuracy of the information contained in the report. Verification must be executed by a partner if made by a partnership, by an officer if made by an unincorporated association or private corporation and by the chief fiscal officer if made by a public corporation. [1957 c.670 §13; 1967 c.357 §2; 1981 c.475 §4; 1983 c.716 §9; 1993 c.694 §6; 1997 c.86 §1; 1999 c.798 §2; 2003 c.73 §48; 2009 c.462 §1; 2019 c.678 §10; 2021 c.424 §10; 2023 c.238 §7; 2025 c.99 §75; 2025 c.463 §13; 2025 c.475 §11]
Administrative rules citing this section
- OAR 170-145-0005: Definitions — implements
- OAR 170-145-0005: Definitions — authority
- OAR 170-145-0010: Determining When Holders Must Report Property — implements
- OAR 170-145-0015: Holder's Due Diligence Requirements — implements
- OAR 170-145-0015: Holder's Due Diligence Requirements — authority
- OAR 170-145-0020: Reporting Form and Format — implements
- OAR 170-145-0020: Reporting Form and Format — authority
- OAR 170-145-0025: Reporting and Delivery of Property to the Treasurer — implements
- OAR 170-145-0025: Reporting and Delivery of Property to the Treasurer — authority
- OAR 170-145-0045: Records Maintenance, Retention, and Disclosure — implements
- OAR 170-145-0100: Voluntary Disclosure Program — implements
- OAR 170-145-0100: Voluntary Disclosure Program — authority
This rule cites
- ORS 98.302 — resolved
- 98.436 — resolved
- 98.992 — resolved
- ORS 293.455 — resolved
- ORS 180.345 — resolved
- ORS 9.725 — resolved
- ORS 312.560 — resolved
- ORS 98.336 — resolved
Cited by
- ORS 62.720: Presumption of abandonment; procedure for agriculture cooperatives and others.
- ORS 63.674: Deposit with State Treasurer.
- ORS 65.674: Deposit with State Treasurer.
- ORS 87.691: Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds.
- ORS 98.308: Intangible property held by financial institution.
- ORS 98.322: Unclaimed securities or distributions.
- ORS 98.324: Digital assets; transfer; liquidation; rules.
- ORS 98.325: Notices to owner of digital assets before abandonment presumed.
- ORS 98.348: Recovery of abandoned property by another state; form of claim; indemnification of this state.
- ORS 98.353: Information on filing report.
- ORS 98.354: Records of ownership or issuance of instruments to be maintained.
- ORS 98.356: Notice and publication of lists of unclaimed property; rules.
- ORS 98.366: Relief from liability by payment or delivery.
- ORS 98.376: Periods of limitation not a bar.
- ORS 98.382: Sale of unclaimed or escheated property; methods; rules.
- ORS 98.384: Destruction or disposition of unclaimed or escheated property.
- ORS 98.386: Deposit of funds.
- ORS 98.392: Claiming unclaimed property; lawyer trust account funds; rules.
- ORS 98.412: Verified report; examination of records; failure to maintain records.
- ORS 98.416: Proceeding to compel delivery of unclaimed property; interest.
- ORS 98.424: Agreements with other states; exchange of information; rules; Attorney General action in name of other state.
- ORS 146.125: Disposition of personal property.
- ORS 192.355: Public records exempt from disclosure.
- ORS 293.450: Report of checks outstanding more than two years.
- ORS 312.560: Surplus as unclaimed property; county to deliver surplus to State Treasurer; rules; no action for damages.
- ORS 652.405: Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto.
- ORS 711.225: Report and transfer of unclaimed deposits.
- ORS 711.590: Disposition of unclaimed deposits; interest.
- ORS 716.905: Notice of intention to close; disposition of unclaimed deposits.
- OAR 170-140-0005: Definitions
- OAR 170-145-0005: Definitions
- OAR 170-145-0025: Reporting and Delivery of Property to the Treasurer
- OAR 170-145-0040: Holder Examinations
- OAR 471-070-1465: Benefits: Payment Due to a Deceased Individual and Abandoned Payment
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors098.html