Colorado § 38-13-603 - Payment or delivery of property to administrator.

§ 38-13-603. Payment or delivery of property to administrator.

(1) Except as otherwise provided in this section, on filing a report under section 38-13-401, the holder shall pay or deliver to the administrator the property described in the report.

(2) If property in a report under section 38-13-401 is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the administrator at the time of the report, the date for payment of the property to the administrator is extended until a penalty or forfeiture no longer would result from payment, if the holder informs the administrator of the extended date.

(3) Tangible property in a safe-deposit box shall not be delivered to the administrator until one hundred twenty days after filing the report under section 38-13-401.

(4) If property reported to the administrator under section 38-13-401 is a security, the administrator may:

(a) Make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or

(b) Dispose of the security under section 38-13-702.

(4.5) (a) If property in a report under section 38-13-401 is virtual currency, the holder shall liquidate the virtual currency within thirty days of filing the report and remit the liquidation proceeds to the administrator. The owner shall have no recourse against either the holder or the administrator for any gain in value of the virtual currency after liquidation.

(b) If a holder cannot liquidate virtual currency and cannot otherwise cause virtual currency to be liquidated, the holder shall promptly notify the administrator in writing and explain the reasons why the virtual currency cannot be liquidated. The administrator, in the administrator's absolute and sole discretion, may direct the holder to either:

(I) Transfer the virtual currency that cannot be liquidated to a custodian selected by the administrator; or

(II) Continue to hold the virtual currency until the administrator or the holder determines that the virtual currency can be liquidated pursuant to this article 13 or that there is an indication of apparent owner interest.

(5) If the holder of property reported to the administrator under section 38-13-401 is the issuer of a certificated security, the administrator may obtain a replacement certificate in physical or book-entry form under section 4-8-405. An indemnity bond is not required.

(6) The administrator shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the administrator by a holder.

(7) An issuer, holder, and transfer agent or other person acting under this section under instructions of and on behalf of the issuer or holder is not liable to the apparent owner for, and shall be indemnified by the state against, a claim arising with respect to property after the property has been delivered to the administrator.

(8) A holder is not required to deliver to the administrator a security identified by the holder as a nonfreely transferable security. If the administrator or holder determines that a security is no longer a nonfreely transferable security, the holder shall deliver the security on the next regular date prescribed for delivery of securities under this article 13. The holder shall make a determination annually whether a security identified in a report filed under section 38-13-401 as a nonfreely transferable security is no longer a nonfreely transferable security.

Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 431, § 1, effective July 1, 2020. L. 2025: (4.5) added, (HB 25-1224), ch. 440, p. 2535, § 8, effective June 4.