All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within five years after it becomes payable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with and prepared by the fiduciary or an employee of the fiduciary.

Funds in an individual retirement account, a retirement plan for self-employed individuals or a similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable within the meaning of this section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.

For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless such person's agreement with the business association provides otherwise. A person who is so deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.

1960, c. 330; 1981, c. 47; 1982, c. 331; 1984, c. 121; 2000, cc. 733, 745.