Georgia Commons

Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 12. RIGHTS IN PERSONALTY · Article 5. DISPOSITION OF UNCLAIMED PROPERTY

44-12-196. When instruments on which banking or financial organization directly liable presumed abandoned; service charges.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Any sum payable on a check, draft, or similar instrument, except money orders, traveler’s checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier’s checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-12-196, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 2; Ga. L. 1995, p. 1368, § 1.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 280; merge action: carried; file SHA-256 02e72213893a.

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