Oklahoma § 60-680 - Interest - Penalties - Waiver or remittance

§ 60-680. Interest - Penalties - Waiver or remittance

A. A person who fails to pay or deliver property within the

time prescribed by the Uniform Unclaimed Property Act may be

required to pay interest at the annual rate of ten percent (10%) on

the property or value thereof from the date the property should have

been paid or delivered.

B. In addition to the penalty imposed in subsection A of this

section, a person who willfully fails to render any report or

deliver property or perform any other duties required under the

Uniform Unclaimed Property Act may be required to pay a civil

penalty of One Hundred Dollars ($100.00) for each day the report is

withheld or the duty is not performed, but not more than Five

Thousand Dollars ($5,000.00).

C. A person who willfully fails to pay or deliver property to

the State Treasurer as required under the Uniform Unclaimed Property

Act may be required to pay a civil penalty equal to twenty-five

percent (25%) of the value of the property that should have been

paid or delivered.

D. A person who willfully refuses after written demand by the

State Treasurer to pay or deliver property to the State Treasurer as

required under the Uniform Unclaimed Property Act is guilty of a

misdemeanor and upon conviction may be punished by a fine of not

less than Five Hundred Dollars ($500.00) nor more than Five Thousand

Dollars ($5,000.00), or imprisonment for not more than six (6)

months, or both.

E. The interest or penalty or any portion thereof, as imposed

by subsection A, B or C of this section, may be waived or remitted

by the State Treasurer if the person’s failure to pay abandoned

funds or deliver property is satisfactorily explained to the State

Treasurer or if such failure has resulted from a mistake by the

person of either the law or the facts subjecting that person to pay

abandoned funds or deliver property subject to the Uniform Unclaimed

Property Act, or inability to pay such interest or penalty resulting

from insolvency. The State Treasurer shall promulgate rules in

accordance with the Administrative Procedures Act requiring the

identification and recording of those circumstances under which

interest or penalty, as imposed by subsection A, B, or C of this

section, may be waived. The State Treasurer may also authorize

amnesty programs to promote voluntary compliance with the Uniform

Unclaimed Property Act, and may participate and cooperate with other

state administrators of abandoned or unclaimed property programs in

nationwide amnesty programs. For purposes of this section, amnesty

programs are programs in which potential holders of unclaimed

property are granted waivers of interest and civil penalties if they

Oklahoma Statutes - Title 60. Property

voluntarily begin to comply with the reporting requirements of the

state’s unclaimed property laws.

Added by Laws 1967, c. 107, § 30, emerg. eff. April 24, 1967.

Amended by Laws 1982, c. 278, § 9, eff. Jan. 1, 1983; Laws 1989, c.

244, § 1, eff. Nov. 1, 1989; Laws 1991, c. 331, § 37, eff. Sept. 1,

1991; Laws 1999, c. 10, § 29, eff. July 1, 1999; Laws 2000, c. 136,

§ 7, eff. July 1, 2000; Laws 2004, c. 318, § 9, eff. July 1, 2004.