§ 1576.Willfully Failing to Render Report; Willfully Refusing to Pay Or Deliver Escheated Property
Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 6. Compliance and Enforcement · Last amended 1997 · Last verified July 29, 2026
Full Text of § 1576
Plain-English Summary
This section supplies the penalty for ignoring the reporting and delivery duties this chapter imposes. A holder who willfully fails to file a required report, or skips any other duty under this chapter, including using the report format Section 1530 prescribes, faces a fine of $100 for every day the report stays unfiled or the duty goes unperformed, capped at $10,000. Refusing outright to pay or deliver escheated property to the Controller draws a steeper penalty: a fine of at least $5,000 and up to $50,000.
Neither penalty attaches automatically just because a deadline was missed. A holder is only treated as having acted willfully if, after the Controller's office sends a certified-mail notice pointing out the failure, the holder still doesn't respond within a reasonable time. That gives a holder a chance to correct an oversight before the penalties take hold.
Frequently Asked Questions
What is the penalty for willfully failing to file a required report?
A fine of $100 for each day the report is withheld, up to a maximum of $10,000.
What is the penalty for willfully refusing to deliver escheated property?
A fine of not less than $5,000 and not more than $50,000.
When does a holder's failure to act count as willful under this section?
Only after the holder fails to respond within a reasonable time following certified-mail notification from the Controller's office of the failure.
Does a holder get any warning before these penalties apply?
Yes. Certified-mail notice from the Controller's office and a reasonable opportunity to respond come before a failure is treated as willful.
Amendment History
Amended by Stats. 1996, Ch. 762, Sec. 10. Effective January 1, 1997.