If you own stock, take time to manage your account regularly. States could classify your investment as abandoned if you don’t. This doesn’t necessarily mean you moved away or stopped receiving mail. Even if dividends continue to land in your account, you might still face issues.
Why You Should Care
Recently, several states revamped unclaimed-property laws. These changes simplify declaring securities as abandoned. Before, states would wait seven years. Now, many follow just a three-year period. Additionally, the definition of ‘abandoned’ broadens. States now rely more on inactivity than loss.
Computershare, a major stock transfer agent, views these developments as unfortunate. Previously, governments targeted accounts they couldn’t contact. Now, merely not engaging for a while qualifies.
A New Trap for Investors
Investors focusing on long-term gains might find themselves ensnared. Getting statements or automatic dividends no longer suffices in certain states. Policies may consider accounts dormant if not frequently engaged with, risking state seizure.
Your brokerage or transfer agent flags dormant accounts. Alerts go out. Ignoring them may transfer securities to state unclaimed property lists. States could then sell your stocks.
Consider Jan Peters, a German former Amazon worker. California claimed his 1,029 Amazon shares due to a record error. They sold the shares for about $1.6 million, though they could have reached $4.2 million by mid-2025. Though he received the proceeds, the investment gain was lost. The Supreme Court did not hear his appeal regarding this loss.
The State and Consumer Perspective
States argue these systems protect consumers by centralizing unclaimed assets. However, they also stand to gain financially. Once states seize property, they can use the funds while awaiting claims.
In 2011, Texas shortened dormancy periods to gain $72 million temporarily. New Jersey saw untapped revenue of $90 million jumping to $309 million by adopting similar measures.
States aren’t necessarily engaged in cash grabs. Still, financial incentives aren’t imaginary. Transfer agents and brokers adhere to varying laws, needing unified methods to handle accounts efficiently. Unclaimed property contractors and brokers profit in these operations.
Issues and Regulatory Responses
The SEC has noted errors in managing lost securityholders. In 2006, it criticized Bank of New York’s oversight leading to $11.5 million in unclaimed assets. The remedy required compensation considering potential investments’ growth.
During 2023, issues arose at DST Asset Manager Solutions. Incorrect procedures risked investors’ property becoming state-owned. These aren’t mere hypotheticals. Mistakes occur in the system.
Computershare reported 51,320 accounts transferred to states in 2024, proving this is widespread. It’s an operational-scale issue reaching Washington’s attention. Senator Elizabeth Warren inquired about shifts to inactivity standards and shorter dormancy.
Hope for Change
Florida shows promise, reverting some standards. Their reforms return importance to returned mail or failed communication, with certain inactivity periods stretching to ten years.
This aligns with common sense. Ownership sustains beyond three years of inactivity, highlighting the importance of recognizing genuine ownership over mere inactivity.
Unclaimed-property law should prioritize actual lost assets. The notion of treating inactivity as abandonment challenges basic ownership concepts.
Your stance is simple: If an entity knows who and where you are, your stock isn’t truly abandoned. It’s yours. Maintain ownership by staying informed.
