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HomeFood and Agricultural CodeDiv. 20Ch. 1Art. 2§ 54041 Association Property Escheat Exemption

§ 54041 Association Property Escheat Exemption

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 54041 Association Property Escheat Exemption

Key Takeaways

  • •If someone owns a part of a group (like a club or company) but forgets about it or doesn't claim it, that part doesn't automatically go to the state. Instead, it can go to the group itself.
  • •The group must try really hard to find the owner. They have to send a letter to the owner's last known address and even put a notice in a local newspaper 60 days before taking the forgotten part.
  • •If the owner (or their family if the owner passed away) says 'no, don't take it' before the deadline, the group can't take the forgotten part.
  • •This rule applies to things like memberships, shares, or certificates that show someone owns a piece of the group, including any unpaid money tied to it.

Example

Imagine you join a local credit union and buy a share for $50. Over time, you earn $5 in dividends but forget about it and move away without updating your address. The credit union can't find you, and no one claims the money for years.

Instead of the $55 going to the state, the credit union can take it—but only if they send a letter to your last known address and put a notice in the newspaper where you last lived. If you (or your family) don’t respond within 60 days, the credit union gets to keep the money.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 54041 Association Property Escheat Exemption

(a) Subject to subdivision (c), Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure does not apply to any proprietary interest in an association organized in accordance with this chapter. Any proprietary interest that would otherwise escheat to the state pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure shall instead become the property of the association. (b) This section shall apply to all proprietary interests which as of January 1, 1988, have not yet been paid or delivered to the Controller pursuant to the provisions of Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (c) Notwithstanding subdivision (a), no proprietary interest shall become the property of the association under this section unless all of the following requirements are satisfied: (1) At least 60 days prior notice of the proposed transfer of the proprietary interest to the association is given to the affected member by first-class or certified mail to the last address of the member shown on the association’s records, and by publication in a newspaper of general circulation in the county in which the member last resided as shown on the association’s records. Notice given in that manner constitutes actual notice. (2) No written notice objecting to the transfer is received by the association from the affected member or, if the member is deceased, from the member’s heirs or the executor or executrix of the estate, prior to the date of the proposed transfer. (d) “Proprietary interest” means and includes any membership, membership certificate, membership share, share certificate, or equity or dividend certificate of any class representing a proprietary interest in, and issued by, the association together with all accrued and unpaid earnings, dividends, and patronage distributions relating thereto. (Added by Stats. 1987, Ch. 152, Sec. 2. Effective July 10, 1987.)

Last verified: January 23, 2026

Key Terms

associationproprietary interestownershipmembershippropertydividendcivil procedureeffective july

Related Statutes

  • § 54262 Association Product Resale Rules
  • § 54121 Membership And Stockholder Rules
  • § 54122 Member Interest Buyback Rules
  • § 54176 Association Property Ownership Rights
  • § 5021 Owner Treatment Cost Responsibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 54041.
View Official Source