New (but not necessarily good) Innovations and Best Practices. Fast Facts & Basic Background

Similar documents
Unclaimed Property 101 The Basics. What is Unclaimed Property. Common Terms 2011 UPPO ANNUAL CONFERENCE MARCH 6-9, 2011

Unclaimed Property Essentials

Unclaimed Property Program Holder Reporting Overview

Unclaimed Property: What You Need to Know ~ Part 1 ~ Heela Popal & Troy Wangen June 15, :00p 3:00p 25084

Achieving Unclaimed Property Compliance

Shareholder Services Association Webinar: Back to the Basics: Introduction to Unclaimed Property

General Information This brief provides general information on unclaimed property and defines some commonly used terms.

2nd Asset Management Seminar - Kisumu, Kenya; 28th 30th September, 2016

What the Escheat? All You Need to Know About Unclaimed Property! October 5, 2017

Introduction to Unclaimed Property

Take Comfort in Compliance. Crowe Unclaimed Property Services

Overview of Unclaimed Property

How the Revised Uniform Unclaimed Property Act is Impacting A/P

NEW JERSEY LAW REVISION COMMISSION. Final Report Relating to Unclaimed Property. December 20, 2018

Audit. 6 Most Important Ways to Avoid an Unclaimed Property Audit

Managing Unclaimed Property Risks in the Music Industry

Agenda. Department of Revenue 1/22/2016. DOR & Revenue Overview. Ron Johnson Division Director Taxpayer Services & Processing

North Carolina Association of CPAs State and Local Tax Conference Escheats Overview. December 10, 2014

Introduction to Unclaimed Property. UPPO Presentation Disclaimer. UPPO Antitrust UPPO has a policy of strict compliance with federal antitrust laws.

UNCLAIMED FINANCIAL ASSETS Presentation by: CPA, Gideon Nzioki Senior Auditor, Holders, Thursday, 21 st June Uphold public interest

Creating an Effective Unclaimed Property Program

Delaware Opens Dramatic Voluntary Disclosure Program Aimed at Businesses Holding Unclaimed Property Payable to the State of Delaware

Unclaimed Property Reporting 101: The Principles of Escheatment & Guide to Compliance

State of Florida Division of Unclaimed Property Self-Audit Manual

The Unclaimed Financial Assets: Progress, Challenges and the role of Accounting professionals

An Executive Guide to Unclaimed Property

Handling Unclaimed or 1. Abandoned Wages: What Payroll Needs to Know

UNCLAIMED FINANCIAL ASSETS Presentation by: Unclaimed Financial Assets Authority Monday, 27 th November Uphold public interest

FINANCIAL REPORTING. How to comply with the undisclosed liability and reporting requirements. Unclaimed Property

The Essentials of Reporting & Compliance Part 2

Unclaimed Property Issues in the Insurance Industry: Be Prepared for Changes

The Essentials of Reporting & Compliance Part 1

R E P O R T A N D R E M I T T A N C E D U E N O V E M B E R 1

Unclaimed Property: The Changing Landscape

Presented by: Heela Popal PricewaterhouseCoopers LLP Carla McGlynn Unclaimed Property Consulting & Reporting LLC All Rights Reserved

Unclaimed Property. What Is It & What To Do With It. Susan Vance Compliance Officer, FSITrack

ABC Amega. Unclaimed Property Presentation. Presenters: Michael Kenehan Nick Boegel. April 21, 2016

Ohio Tax. Workshop K. Tuesday, January 24, :00 p.m. to 4:00 p.m. Tuesday & Wednesday, January 24 25, 2017 Hya Regency Columbus, Columbus, Ohio

UNCLAIMED PROPERTY Reporting & Updates

INSURANCE INDUSTRY DEVELOPMENTS

Unclaimed property: Considerations for corporate treasury and finance personnel Received (in revised form): 30 March, 2009

Texas Unclaimed Property

NOTICE OF PROPOSED RULE. Proof of Ownership and Entitlement to Unclaimed Property

Unclaimed Property Compliance General Overview and Industry Update. The Unique Alternative to the Big Four

Propagating Unclaimed Property Laws North of the Border Presented by: Jacqueline D. Shinfield, Partner Blake, Cassels& Graydon LLP

An Unclaimed Intangible Property Program for Ontario

DOWNLOAD OR READ : UNCLAIMED PROPERTY A REPORTING PROCESS AND AUDIT SURVIVAL GUIDE PDF EBOOK EPUB MOBI

Cathay Pacific Airways Limited Abridged Financial Statements

Florida Unclaimed Property Reporting Instructions Manual

Abbreviated Unclaimed Property Dormancy Periods

Industry Specific Breakout: Oil and Gas Audit Issues. UPPO Presentation Disclaimer

EAST 34 th STREET HELIPORT. Report 2007-N-7

STARTING FROM THE GROUND UP

XYZ COMPANY UNCLAIMED PROPERTY POLICIES AND PROCEDURES MANUAL

You Have Been Assigned Responsibility for Unclaimed Property Compliance Now What?

STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF UNCLAIMED PROPERTY


Best Practices to Help Banks: Retain Assets Minimize Escheat Retain Customer Relationships. Banking & Unclaimed Property

TREASURY GENERAL. (a)

New Amendments to Pennsylvania s Unclaimed Property Law (2016)

Comprehensive Unclaimed Property Compliance

OHIO DIVISION OF UNCLAIMED FUNDS

Financial Policies Unclaimed Check

My co-presenter is Jared Gustafson. Jared, did you want to go ahead and introduce yourself and give a little background?

Sample Policy and Procedure Manual

2013 (Rev ) State of Michigan Department of Treasury Unclaimed Property Division. Manual for. Reporting Unclaimed Property

Unclaimed Property Basics Understanding & Addressing Your Obligations While Avoiding Expensive Errors

Financial Policies Unclaimed Check

Unclaime d Property. TeleStrategies Communications Taxation 2016 Wires or Wireless, Don t Get Tangled by Unclaimed Property.

Cathay Pacific Airways Limited Abridged Financial Statements

Property And Money. Property And Money

Florida House of Representatives HB 107 By Representative Prieguez

OVERSEAS TERRITORIES AVIATION REQUIREMENTS (OTARs)

Unclaimed Financial Assets

AUDIT COMMITTEE CHARTER

Presenting a live 110-minute teleconference with interactive Q&A. Today s faculty features:

State Tax Return. Ohio Supreme Court Breaks from the Pack and Finds that Ohio Must Pay Claimants Interest on Unclaimed Funds

Air Operator Certification

British Columbia. property society. Annual report unclaimedpropertybc.ca

CODE OF CONDUCT. Corporate Compliance 10.9 Effective: 12/17/13 Reviewed: 1/04/17 Revised: 1/04/17

Criteria for an application for and grant of, or variation to, an ATOL: Financial

City of Piedmont COUNCIL AGENDA REPORT. Stacy Thorn, Administrative Services Technician II. Adoption of an Escheatment Policy for Unclaimed Money

Company migration to and from Guernsey

AUDITING UNCLAIMED FINANCIAL ASSETS 1. BANKING SECTOR Presentation by: CPA John Mwangi November Uphold public interest

Catching UP with Policies & Procedures

DELAWARE ALL EYES ON. Senate Bill 13 Transforms Delaware Unclaimed Property Law IN THIS ISSUE: Spring 2017: Volume 15, Issue 1

State Unclaimed Property Administrators Survey September 2018

Kate Marshall. State of Nevada. Unclaimed Property. Holder Reporting Booklet. State Treasurer. Office of the State Treasurer. Unclaimed Property

The Strategic Commercial and Procurement Manager

To have a mechanism for periodic transfer of unclaimed deposits to DEAF, settlement of refund claims, complaint redressal etc.

Coastside County Water District Board of Directors. Mary Rogren, Assistant General Manager

Criteria for an application for and grant of, or a variation to, an ATOL: fitness, competence and Accountable Person

Part 141. Aviation Training Organisations Certification. CAA Consolidation. 10 March Published by the Civil Aviation Authority of New Zealand

NATIONAL ASSOCIATION OF UNCLAIMED PROPERTY ADMINISTRATORS (NAUPA) STRATEGIC PLAN

BLUE PANORAMA AIRLINES POLICY ON AGENT DEBIT MEMO (ADM)

Part 149. Aviation Recreation Organisations - Certification. CAA Consolidation. 1 February 2016

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator STEVEN V. OROHO District 24 (Morris, Sussex and Warren)

Where s the money? John Gabriel, Director State of Tennessee Unclaimed Property Division. National Association of Unclaimed Property Administrators

CITY OF IRVINE FINANCIAL POLICIES & PROCEDURES

OVERSEAS TERRITORIES AVIATION REQUIREMENTS (OTARs)

Transcription:

New (but not necessarily good) Innovations and Best Practices Changes in Unclaimed Property requirements Fast Facts & Basic Background Origins in British Common Law Escheat Traditional Custodial *Definition: Intangible personal property that has gone unclaimed by the rightful owner after a specified period of time 1

State and Federal Rules 54 jurisdictions have unclaimed property laws Some states have adopted versions of the Uniform Unclaimed Property Acts while others have not; laws are constantly changing Supreme Court Case Law priority rules for reporting Texas v. New Jersey (1965) Pennsylvania v. New York (1972) Delaware v. New York (1993) Uniform Unclaimed Property Acts 1954 Uniform Act 1966 Uniform Act 1981 Uniform Act specific language regarding Life Insurance 1995 Uniform Act ULC currently revising the Uniform Unclaimed Property Act Holder Responsibilities Under the Unclaimed Property Laws Duty to file a report timely Duty to perform due diligence timely Duty to remit the property timely Duty to maintain copies of the reports and supporting documentation Duty to protect the funds until reported and transferred to the state Additional rules unique to insurance 2

Examples: Asset Types Benefit payments Accounts Receivable Accounts Payable Commissions/Comp Uncashed checks Gift Cards Unidentified deposits Refunds/Rebates Unapplied payments Business-to-Business Unpaid dividends Retirement Assets Customer credits Travelers checks Matured bonds Securities shares Dormant Accounts Workers Comp Other G/L items Tangible property 5 Dormancy Property is presumed abandoned 3-5 years after: Lost Owner RPO Mail (returned as undeliverable) Invalid Addresses Obligation to Pay Dividend distribution IRA Required Distribution Dates Insurance proceeds Inactivity Uncashed Checks No owner-directed activity Death Passive vs Active review Social Security Administration Death Master File comparisons Transfer on Death/Beneficiary Provisions 3

Where to Report 1. State of owner s last known address 2. State of holder s incorporation or domicile if address not known 3. State of holder s incorporation or domicile if address of apparent holder is in a foreign country andif holder is incorporated or domiciled in the U.S. Fines, Penalties and Interest A holder can be assessed penalties and/or interest for: Failure to report/remit the property Failure to comply with the statute Interest generally applied at 10%-25% of property value Civil/Criminal penalties for failure to report/remit/deliver OR filing a fraudulent report may include: $100-$200 per day ($10,000 maximum) Varies from $1,000-$25,000 fine plus some states access an additional 25% of the value of the property Some states Class B misdemeanor * Other fines and penalties related to insurance regulations may also apply 4

State Unclaimed Property Laws vs. Federal Laws Sarbanes-Oxley Failure to properly account for an unclaimed property liability (FASB Statement No. 5) could be in violation of Generally Accepted Accounting Principles (GAAP) Sarbanes-Oxley Act Section 302 requires that CEOs and CFOs include, with any periodic financial report filed at the SEC, a written statement certifying disclosure controls and procedures. Internal control is a significant focus of Sarbanes-Oxley due to recent financial and accounting scandals Section 404 review includes an assessment of the design and operating effectiveness of internal controls for significant accounts Compliance by SEC registrants is non-negotiable ERISA Various case law in most cases the state s have agreed that ERISA federally preempts state unclaimed property laws Internal Controls & Areas of Risk Until the property is transferred, ensure that adequate internal controls are in place and operating effectively! Consider establishing an unclaimed property liability account on the company s G/L if one is not already in place. Set up specific procedures for claims processing to incorporate the identification of unclaimed property. Set up specific procedures for due diligence and reporting timeframes and responsibilities or consider outsourcing. Whistle-blower laws! 5

When/Where to involve Legal Preventative Review of Policies/Procedures sufficiency with the legal requirements consistency with legal requirements Evaluation of Organizational readiness for audit Proper identification and tracking of UP Proper record keeping and record retention Proper reporting Identify/Resolve gaps Voluntary Disclosure Agreements When/Where to involve Legal Defensive Receipt of Audit Notice Non-Disclosure Agreement Negotiations Audit Methodology/Parameters Audit records back to 1981 (35 years) Estimation/Extrapolation for lack of records Audit Data Demands We re in compliance. We have nothing to fear. Let s just provide what they request. Data Management Similar to complex litigation discovery and data management. 6

When/Where to involve Legal Challenging the Audit Scope of Audit Dormancy Triggers Appropriate Data Constitutional Limits Audit Findings Evaluation & Negotiations Closing/Settlement Negotiations Suggested Best Practices Centralization over the governance of policies and procedures Compliance Department Internal Audit Department Individual Life & Annuity Departments Claims Department Finance Department IT Department Unclaimed Property Department Preparation for an unclaimed property audit Unclaimed property policies and procedures Insurance industry high-risk areas of audit focus 7

Suggested Best Practices Laws Am I holding unclaimed property beyond the dormancy period? Am I following best practices and demonstrating valued customer expectations Accounting issues: Contingent liabilities, the snowball effect you want to avoid TPA agreements Define responsibility for reporting unclaimed property How to be proactive and not reactive in identifying property to be escheated Establish an unclaimed property compliance committee Use of the Social Security Death Master File Policies in force due to their non-forfeiture provision Engage an independent specialist to assist Examples of Best Practices Determine potential unclaimed property exposure Perform early outreach to payees as a first round of due diligence prior to the statutory due diligence period Get into compliance with applicable state requirements Develop and maintain centralized, detailed policies and procedures to identify, record and report unclaimed property Conduct internal audits of unclaimed property processes and procedures Form an unclaimed property committee that is responsible for compliance Include key personnel, including, but not limited to, compliance, risk management, internal audit, legal counsel, upper management, treasurer, controller, IT, and tax director 8

Benefits of Compliance and Best Practices Strengthens relationships with state regulators Avoid assessment of penalties and fines Decreases your reputational risk and increase consumer confidence Location owners/beneficiaries can lead to long term marketing opportunities Maximize asset retention Accurate financial data Greater efficiencies that ultimately result in increased revenues, time and resources Innovative Interpretations Property is presumed abandoned 3-5 years after: Lost Owner RPO Mail (returned as undeliverable) Invalid Addresses Obligation to Pay Dividend distribution IRA Required Distribution Dates Insurance proceeds Inactivity Uncashed Checks No owner-directed activity Death Passive vs Active review Social Security Administration Death Master File comparisons Transfer on Death/Beneficiary Provisions 9

Inactivity: Potential Solutions Tracking owner-initiated activity Website log ins Customer Service call authentications Receipt of written communications Payment/Withdrawal request (excl. auto-transactions) Cashed dividend/distribution checks Affirmative Contact Programs Handling Owners with Multiple Products Activity on one asset sufficient to satisfy other assets? Consolidated Account Statements Audits: Potential Solutions Voluntary Disclosure Agreements Formal/Informal depending on the state Controlled evaluation Policies/Procedures Records/Data - Sampling Affirmative corrections Independent consultant review Limit lookback period ie., 10 years Voluntary remittance of unclaimed property Avoid interest/penalties Eliminate audit potential 10

Questions?? David L. Westmark Sr. Counsel Thrivent Financial david.westmark@thrivent.com 11