§160.2. Payment or delivery of abandoned digital asset; after receipt of report required by
R.S. 9:159
A.(1) If property reported to the administrator is a digital asset, and the digital asset
holder has the ability to transfer the digital asset, the digital asset holder shall transfer that
digital asset, or the control necessary to transfer that digital asset, to the administrator within
thirty days from the date on which that digital asset is reported.
(2) A digital asset holder who delivers a digital asset pursuant to Paragraph (1) of
this Subsection shall provide the administrator, upon request, with a record evidencing
delivery to the administrator's designated custodian.
(3) Within thirty days after the date on which the digital asset holder delivers a
digital asset pursuant to Paragraph (1) of this Subsection, the digital asset holder shall
provide the administrator with a reconciliation of the delivered digital asset with respect to
the report filed regarding the digital asset.
B. Notwithstanding Paragraph (A)(1) of this Section, if the administrator determines
a reported digital asset cannot be accepted due to any factor or factors in R.S. 9:160.4, it may
direct or order the digital asset holder to sell or otherwise liquidate the digital asset and
deliver the net proceeds to the administrator.
C. A digital asset holder is not required to deliver a digital asset in accordance with
Paragraph (A)(1) of this Section if the digital asset holder does not have the private key or
other authority that is necessary to transfer the digital asset. Instead, the digital asset holder
described in this Paragraph shall do all the following:
(1) Report the digital asset in accordance with R.S. 9:159.
(2) Maintain the digital asset until the digital asset holder obtains the ability to
transfer the digital asset.
(3) Determine no less than annually as to whether the digital asset holder has
obtained the ability to transfer the digital asset.
(4) After obtaining the ability to transfer the digital asset, deliver the digital asset to
the administrator at the next reporting cycle.
D. Between receipt of a digital asset in its native form and when R.S. 9:160.3(A) is
applicable, no digital asset delivered to the administrator in its native form shall be liquidated
except when either of the following occurs:
(1) A request is received by a claimant pursuant to R.S. 9:160.3(B).
(2)(a) The digital asset cannot reasonably be maintained in custody by the
administrator due to technological, security, or regulatory limitations.
(b) The cost of custody, administration, or security of the digital asset exceeds the
value of the digital asset.
Acts 1986, No. 829, §1, eff. July 10, 1986; Acts 1997, No. 809, §1, eff. July 10,
1997; Acts 2026, No. 891, §1, eff. Jan. 1, 2027.