December 2022
Often, through a Clients' Trust Account Review, the Agency's Compliance Division staff find outstanding transactions remaining in clients' trust accounts. Outstanding transactions are not all that unusual, and most will clear the account in a matter of months; however, if there are outstanding transactions over two or three years, Oregon's Unclaimed Property Law may apply. Security deposit refunds older than two years and vendor or owner payments older than three years are considered dormant and must be reported to the Oregon State Treasury.
The following information is provided by Treasury and can be found by visiting
https://unclaimed.oregon.gov/app/forms.
In Oregon, all organizations are required to report unclaimed funds to Oregon State Treasury. If your business holds unclaimed financial assets for Oregonians and you haven't been able to contact the owner(s), it's your job to report this unclaimed property.
There are four simple steps to track and report unclaimed funds.
Step 1: Check Your Records for Unclaimed Property
Review outstanding checks, customer credits, and similar liabilities. Many businesses are surprised to find they have unclaimed property once they check. Report any unclaimed property you hold, even if it has been written off or the owner's legal right to the property is presumed to be expired.
Examples of unclaimed property include:
- Uncashed checks, including payroll checks
- Security deposits
- Unpaid wages and commissions
- Refunds or other deposits
Step 2: Contact Owners to Return Their Property
Attempt to contact the owner of the unclaimed property. If the amount is $100 or more, state law requires that you make good faith to contact the owner via phone, mail, or email before reporting. Inform owners their funds will be sent to Oregon State Treasury if they do not respond. You can begin trying to contact an owner as soon as there is a lack of account activity, but you must complete outreach attempts at least 60 days before you file a report.
Step 3: File Your Report
All unclaimed property, no matter how small, must be reported. Report and submit the unclaimed property between October 1 and November 1 each year. If an owner's last known address was Oregon, the unclaimed property should be reported to the state of Oregon.
Step 4: Keep Updated Records
Maintain records and documents related to unclaimed property reports and your efforts to contact owners for three years after reporting. (You still must maintain all records pertaining to your professional real estate activity for six years.)
Oregon State Treasury offers classes in the spring and summer on how to comply with unclaimed property laws. Check the department's website at
https://www.oregon.gov/treasury/unclaimed-property/Pages/Holder-Education.aspx for class schedules and other information.
Editor's Note: The Oregon State Treasury is currently not a certified continuing education provider. This means that these classes do not count for continuing education.