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3-1-1
Time limits. Whenever limits of time
are provided for in the act or in these rules and
regulations the following shall govern: Whenever
the time provided for is seven (7) days or more,
Saturdays, Sundays and legal holidays shall be in-
cluded in making the computation. Whenever the
time so limited is less than seven (7) days, Satur-
days, Sundays and legal holidays shall be excluded.
Whenever the last day of any such period shall fall
on a Saturday, Sunday or legal holiday, such day
shall be omitted from the computation. (Author-
Unclaimed Property Law
ized by K.S.A. 1979 Supp. 58-3927; effective May
1, 1980.)
3-1-2
Definitions.
- ``Demand deposit'' means every deposit which is not a ``time deposit''
or ``savings deposit''.
- ``Time deposit'' means ``time certificate of
deposit'' and ``time deposit open account''.
- ``Time certificate of deposit'' means a de-
posit evidenced by a negotiable or non-negotiable
instrument which provides on its face that the
amount of such deposit is payable:
- On a certain date, specified in the instru-
ment, not less than thirty (30) days after the date
of the deposit.
- At expiration of a specified period not less
than thirty (30) days after the date of the instru-
ment.
- Upon written notice to be given out less
than thirty (30) days before the date of repayment.
- ``Time deposit, open account'' means a de-
posit, other than a ``time certificate of deposit'',
with respect to which there is in force a written
contract with the depositor that neither the whole
nor any part of such deposit may be withdrawn,
by check or otherwise, prior to the date of matur-
ity, which shall not be less than thirty (30) days
after the date of the deposit; or prior to the ex-
piration of a period of notice which must be given
by the depositor in writing not less than thirty (30)
days in advance of withdrawals.
- ``Savings deposit'' means a deposit with re-
spect to which the depositor is not required by the
deposit contract but may at any time be required
by the financial institution to give notice in writing
of an intended withdrawal not less than thirty (30)
days before such withdrawal is made and which is
not payable on a specified date or at the expiration
of a specified time after the date of deposit.
- ``Charges that may lawfully be withheld''
means any type of deduction by a holder (includ-
ing service charges, holding charges and admin-
istrative costs) from property presumed aban-
doned pursuant to the disposition of unclaimed
property act, also deductions by a holder from
property prior to the presumption of abandon-
ment, which deductions were made by reason of
the nonocurrence of the events or acts that pre-
vent the presumption of abandonment, or by rea-
son of the inactivity, dormancy of unclaimed
status of the property.
- ``Memorandum on file'' means a written
notation prepared in the ordinary course of busi-
ness of a financial organization reflecting an oral
or written interest expressed by the owner relating
to his or her funds of deposit. To be effective as
a bar to the presumption of abandonment the
memorandum must be prepared contemporane-
ously with the expression of interest by the owner
and prepared and dated by a responsible repre-
sentative of the financial organization.
- ``Annual correspondence'' means written
correspondence mailed first class, postage prepaid,
by the holder on an annual basis. (Authorized by
K.S.A. 1979 Supp. 58-3927; effective May 1, 1980.)
3-1-3
Charges by holder. Charges de-
ducted by any holder shall be included as a por-
tion of the report filed pursuant to K.S.A. 1979
Supp. 58-3912 along with the citation of the au-
thority or a copy of the form or contract author-
izing such charges. The value or amount of each
item of property before any such charges were
deducted therefrom shall also be stated in the re-
port along with the amount of the charges de-
ducted from each item and the date or dates on
which such charges were deducted. The fact that
the total charges deducted from an item of prop-
erty equals or exceeds the value of the item shall
not relieve the holder from making the report or
providing the information requested on the report
form. The state treasurer may by special inquiry
to holder require additional explanation of
charges including documentation of correspon-
dence between the holder and owner, passbook
provisions, signature cards, rules and regulations,
by-laws, and other documents concerning any
agreement between the holder and the owner.
If payment of interest or dividends on property
presumed abandoned pursuant to the disposition
of unclaimed property act is discontinued, before
or after the property is presumed abandoned, the
holder shall include in the report filed pursuant
to K.S.A. 1979 Supp. 58-3912 a statement explain-
ing the discontinuance. The state treasurer, by
special inquiry with the holder, may require doc-
umentation relative to the discontinuance. (Au-
thorized by K.S.A. 1979 Supp. 58-3927; effective
May 1, 1980.)
3-1-4
Action by holder. An act or occur-
rence delaying or terminating the presumption of
abandonment cannot result from the unilateral act
of the holder except in those instances where cor-
respondence is mailed by the holder and not re-
turned. (Authorized by K.S.A. 1979 Supp. 58-
3927; effective May 1, 1980.)
Agricultural Chemicals
KANSAS STATE BOARD OF AGRICULTURE
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