44-311. Crediting of owner's account; interest

A. A holder shall not cease payment of interest on an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, unless all of the following conditions apply:

1. There is an enforceable written contract between the holder and the owner of the property that allows the holder to impose the charges or cease payment of interest.

2. For property that is more than two dollars, not more than three months before the initial cessation of interest the holder gave written notice to the owner at the last known address of the owner that stated that interest would cease.

3. The holder regularly ceases payment of interest and does not regularly retroactively credit interest on that type of property.

B. If property other than money is delivered to the department pursuant to this chapter, the department shall provide the owner with any income or gain realized or accruing on the property at or before liquidation or conversion of the property to money.  If the property delivered to the department is an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, the department shall pay interest at the legal rate  or any lesser rate that the property earned while in the possession of the holder.  Interest begins to accrue when the property is delivered to the department and ceases ten years after delivery or on the date the department pays the owner, whichever occurs first.