Finance for Small Businesses
Learn more about the resources available for Finance.
Filed under Finance.
Learn the unclaimed property rules and their time limits for the state of Illinois.
In Illinois, all things relating to unclaimed property are handled by the Unclaimed Property Division of the Illinois State Treasurer.
Illinois businesses have a number of responsibilities concerning unclaimed property. Initially, written notice must be sent to the apparent owner of the unclaimed property, if known. If the property remains unclaimed, businesses have a number of filing and reporting requirements to fulfill. Most importantly, businesses are required to turn over any and all unclaimed property to the state. Stiff penalties apply to businesses who fail to comply with any of these requirements.
Individuals should know that Illinois property is generally presumed abandoned after five years of inactivity by the presumed owner. However, this time limit varies depending on the type of property involved. Once abandoned property is turned over to the state by a business, an individual then has the burden of reclaiming it from the state.
The holder of property that is presumed to be abandoned reports all of the property to the Illinois State Treasurer. The report includes the following information:
The reports are due before November 1 from banking organizations, financial organizations, insurance corporations other than life insurance companies, and governmental entities. The reports are due before May 1 from business associations, utilities, and life insurance corporations.
The State Treasurer may grant an extension of time to any holder to report or remit abandoned property when the holder submits a written request for an extension before the date a report or remittance is due.
Prior notice to owner. Before reporting the property to the State Treasurer, the holder communicates with the owner at the last known address regarding how to prevent abandonment from being presumed.
Delivery. The holder remits any property presumed abandoned to the State Treasurer along with the report.
The State Treasurer may refuse to receive abandoned property with a value less than the cost of giving notice and holding a sale. Unless the holder of property is notified otherwise within 120 days of filing a report, the State Treasurer is deemed to have elected to receive the property.
Recordkeeping. A business must generally maintain related records five years after the unclaimed property becomes reportable. Records pertaining to property held by a trust division, department, or company must be retained until the property is delivered to the State Treasurer.
Penalties. a person who fails to report abandoned property or perform other required duties is guilty of a business offense and fined up to $500. Each day the report is withheld or the duties are not performed is a separate offense.
In addition, the State Treasurer may charge a holder that files an unclaimed property report after the due date the lesser of $100 or $1 for each day the report remains overdue. The State Treasurer may also charge a holder that fails to timely perform due diligence $5 for each name and address account reported if 35 percent or more of the accounts are claimed within the 24 months immediately following the filing of the holder's annual report.
If a person refuses to deliver abandoned property to the State Treasurer, the State Treasurer may bring an action in the circuit court or any federal court to enforce delivery. A person who fails to report abandoned property is guilty of a business offense and subject to a $500 fine. A person who willfully refuses to deliver abandoned property to the State Treasurer is guilty of a Class B misdemeanor.
If a holder fails to remit or untimely remits abandoned property, the State Treasurer may charge the holder based on the value of the property the greater of one percent per month or an annualized rate that is three percent above the prime rate published in the Wall Street Journal on the first business day of the month in which the property was remitted.
In Illinois, property is generally presumed abandoned after five years of inactivity by the presumed owner. However, this time limit varies depending on the type of property involved.
Once abandoned property is turned over to the state by a business, an individual then has the burden of reclaiming it from the state. Unfortunately, the Treasurer's Office auctions unclaimed items like jewelry, coins, stamps, and other collectibles on eBay, holding the proceeds for the rightful owner.
Locating abandoned property held by the state. In Illinois, unclaimed property held by the state may be found by searching the state's website.
To find out if other states may be holding your unclaimed property, search the national database established by the National Association of Unclaimed Property Administrators (NAUPA).
Filing a claim. Any person claiming an interest in property delivered to the state may file a claim to the property or to the proceeds from the sale of the property on the form prescribed by the State Treasurer. The State Treasurer will consider the claim and may hold a hearing and receive evidence concerning it. A final decision of the State Treasurer is subject to judicial review under the Administrative Review Law.
If you're looking for additional information on unclaimed property, we recommend contacting your state's governmental agency that oversees the administration of this area of the law. For help in answering a specific unclaimed property question in Illinois, contact the following:
Illinois Office of State Treasurer
Unclaimed Property Division
P.O. Box 19495
Springfield, IL 62794-9495
Phone: (217) 785-6992 (inquiries); (217) 782-6692 (claims); (217) 524-0023 (reporting)
Fax: (217) 557-5871
|Property Type||Presumed Abandoned After|
|Bank account - savings & checking
|Checks or drafts||five years|
|Demutualization proceeds||two years|
|Gift certificates, gift cards, and credit memos||gift certificates and cards with an expiration date or that are subject to a post-sale charge or fee: five years|
|Insurance policies||five years .|
|IRAs or Keogh||five years|
|Money orders||five years|
|Other intangible personal property not otherwise specified||five years|
|Proceeds from class action suits||no specific provision|
|Property distributable by a business association in the course of dissolution/liquidation||two years|
|Property held by courts or public agencies||seven years|
|Property held by fiduciaries||five years|
|Safe deposit boxes||five years|
|Shares in a financial institution||five years|
|Stocks, dividends, and distributions||five years|
|Traveler's checks||15 years|
|Deposits and advances owed utility company customer||deposits, refunds, and advances: five years|
|Wages or salaries||one year