South Carolina § 27-18-40 - Conditions for taking custody of intangible unclaimed property.
Full text of South Carolina South Carolina Code of Laws § 27-18-40 — Conditions for taking custody of intangible unclaimed property., with citation guidance and answers to common questions.
§ 27-18-40. Conditions for taking custody of intangible unclaimed property.
Unless otherwise provided in this chapter or by other statute of this State, intangible property is subject to the custody of this State as unclaimed property if the conditions raising a presumption of abandonment under Sections 27-18-30 and 27-18-60 through 27-18-170 are satisfied and:
(1) the last known address, as shown on the records of the holder, of the apparent owner is in this State;
(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
(3) the records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(a) the last known address of the person entitled to the property is in this State; or
(b) the holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) the last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;
(5) the last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or
(6) the transaction out of which the property arose occurred in this State and
(a)(i) the last known address of the apparent owner or other person entitled to the property is unknown, or
(ii) the last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property, and
(b) the holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
HISTORY: 1988 Act No. 658, Part II, SECTION 34A.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 27-18-40
What does South Carolina Code of Laws § 27-18-40 cover?
Section 27-18-40 ("Conditions for taking custody of intangible unclaimed property.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 27-18-40?
A common citation format is "South Carolina Code of Laws § 27-18-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 27-18-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.