The Unclaimed Financial Assets Authority (UFAA) was created to administer unclaimed financial assets. The primary mandate of the authority is to receive unclaimed financial assets from the holders of such assets, safeguard and re-unite the assets with their rightful owners. You do not lose any financial assets once remitted to UFAA. UFAA on behalf of the government exercises responsibility as “Bona Vacantia” (holder of assets in the public interest) and guarantee you an indefinite right of reunification.
Any person can have unclaimed assets considering you may have put in a deposit in a bank, rented a facility or earned wages. You may have been curious about where the money in the accounts of your loved ones go in the unfortunate event that they pass on. The holding institution i.e bank, insurance company, business, etc. which is in possession of a financial asset on behalf of an owner will identify, segregate, report and remit unclaimed assets to UFAA.
Contents
- What are unclaimed assets?
- How do assets become unclaimed?
- What are examples of unclaimed assets?
- How long do assets take before being considered unclaimed?
- How long does it take to process a claim?
- How to prevent assets from being considered unclaimed?
- Requirements for claiming unclaimed financial assets
- How to claim assets from UFAA
What are unclaimed assets?
In the event that an owner of a property does not take any action during certain duration by law, to indicate his/her ownership, interest, or awareness, that property will be regarded as unclaimed. As a result of such developments, it then comes a responsibility of the holding institution to report it to the proper state agency (UFAA). The modern rationale for such an arrangement is that the state can best preserve and protect the interest of the rightful owner and possibly reunite the owner with his/her property.
How do assets become unclaimed?
According to the Unclaimed Financial Assets (UFA) Act, unclaimed assets have to meet the following conditions:
- When records of the holder do not reflect the identity of the person enlisted to the assets
- When the holder has not previously paid or delivered the assets to the apparent owner or other person entitled to the assets
- The last known address, as shown on the records of the holder, of the apparent owner is in a country that does not provide by law for the escheat or custodial taking of the assets or its escheat, or unclaimed assets law is not applicable to the assets and the holder is domiciled in Kenya
- Other ways that assets become unclaimed:
- Death
- Forgetfulness
- Poor record keeping
- Relocation (regional & global)
- Ignorance
- Negligence
Note: Assets are considered “abandoned property” when they appear to have been forsaken by their owner by virtue of no generated activity and to which it is presumed the owner has relinquished his or her interest to the property without vesting such interest in another person or entity.
What are examples of unclaimed assets?
Examples of unclaimed assets include:
- Dormant accounts at banks
- Unclaimed dividends and interest earned from stocks and shares
- Unclaimed utility deposits in books of power and water companies
- Unclaimed retirement benefits at insurers and pension administrators
- Unclaimed death benefits and annuities from insurance companies
- Unclaimed bail and bond money deposited in Courts of Law
- Unclaimed deposits and benefits from collapsed institutions
- Uncollected prize money e.g. from a lottery
How long do assets take before being considered unclaimed?
No. | Asset | Duration of abandonment |
1 | Traveller’s cheque | 2 years from the date of issuance |
2 | Money order or similar written financial/ monetary instrument | 2 years from the date of issuance |
3 | Cheques, drafts or similar instruments | 2 years after it was payable or after its issuance |
4 | Demand, savings, matured time deposit, funds paid towards the purchase of a share, mutual investment certificate, any other interest in a financial institution | 5 years |
5 | Life or endowment Insurance policy or annuity contract | 2 years after the funds become due |
6 | Assets as a result of demutualization of an insurance company | 2 years after the date of the demutualization |
7 | Deposit for utility services e.g. electricity, water, etc. | 2 years after termination of the services |
8 | Order by a court for refund by holder | 2 years after it became payable |
9 | Ownership interest | 3 years |
10 | Assets from dissolved business entity | 2 years |
11 | Assets held in a fiduciary capacity | 2 years after they become payable |
12 | Gift certificate, gift card or credit memo/note | 5 years |
13 | Unpaid wages | 1 year after they become payable |
14 | Assets held in safe deposit box or repository | 2 years after the lease or rental period on the box or repository has expired |
How long does it take to process a claim?
A person claiming an interest in any assets paid or delivered to UFAA may file with the Authority a claim as prescribed by the authority. The Authority shall consider each claim within 90 days after it is filed and shall give written notice to the claimant of its decision. Where a claim is allowed, the authority shall pay over or deliver to the claimant the assets or the amount the Authority actually received or the net proceeds if it has been sold by the authority. A person who is aggrieved by a decision of the authority or whose claim has not been acted upon within 90 days after its filing may bring an action in court against the Authority.
How to prevent assets from being considered unclaimed?
Here are ways to prevent your assets from becoming unclaimed.
- Be an active owner: cash cheques, dividends, and insurance benefits no matter how small
- Keep making deposits into your accounts at least once a year to avoid having dormant accounts
- Always inform all interested parties of a change in your address
- Keep accurate financial records of bank accounts, stocks, safe deposit boxes, and insurance policies
Requirements for claiming unclaimed financial assets
The requirements to meet in order to claim unclaimed financial assets from UFAA are detailed below.
1. Claiming by original owner
Where the owner is claiming, the following are the requirements:
- Completed and duly commissioned Original Owner(s) claim form (Form 4A)
- Completed and duly commissioned Indemnity agreement (Form 5)
- An official letter received from the holder confirming remittance of unclaimed financial assets to the Authority
- Certified copy of the claimant’s national identity card or passport (Certified by a lawyer)
- Copy of claimant’s KRA PIN certificate
- Claimant’s bank details indicated on claimant bank details form
- One page copy of recent bank statement, current deposit slip or withdrawal slip (clearly showing account name and number) to confirm bank account details provided in item 6 above. (If more than one claimant, do provide a statement of a joint bank account)
2. Claiming on behalf (Beneficiary/Deceased cases)
Where the claimant is not the owner but has or asserts a legal right to an unclaimed asset, the claimant shall submit to the Authority the following:
- Completed and duly commissioned beneficiary claim form (Form 4B)
- Completed and duly commissioned Indemnity agreement (Form 5)
- An official letter received from the holder confirming remittance of unclaimed financial assets to the Authority
- Certified copy of the claimant’s national identity card or passport
- Copy of claimant’s KRA PIN certificate
- Copy of certificate of death.
- Certificate of Confirmation of Grant/ Certificate of Summary Administration
- Claimant’s bank details indicated on claimant bank details form
- One page copy of recent bank statement, current deposit slip or withdrawal slip (clearly showing account name and number) to confirm bank account details provided in item 8 above. (If more than one claimant, do provide a statement of a joint bank account)
3. Claiming on behalf of a minor
Where the claimant is claiming on behalf of a minor who is an original owner, the following are the requirements:
- Completed and duly commissioned agent for owner claim form (Form 4D)
- Completed and duly commissioned indemnity agreement (Form 5)
- An official letter received from the holder confirming remittance of unclaimed assets to the Authority
- Certified copy of the claimant’s national identity card or passport
- Copy of claimant’s KRA PIN certificate
- Guardianship deed
- Claimant’s bank details indicated on claimant bank details form
- One page copy of recent bank statement, current deposit slip or withdrawal slip (clearly showing account name and number) to confirm bank account details provided in item 7 above. (If more than one claimant provide a statement of a joint bank account)
4. Claiming on behalf of a business entity
Where the claimant is claiming on behalf of a business entity, the following are the requirements:
- Completed and duly commissioned agent for owner claim form (Form 4C)
- Completed and duly commissioned indemnity agreement (Form 5)
- An official letter received from the holder confirming remittance of unclaimed assets to the Authority
- Current form CR12 obtained from the Company Registrar indicating directors of a company
- Certified copy of the directors’ national identity cards or passports (Certified by a lawyer)
- Copy of directors’ KRA PIN certificates
- Certificate of incorporation
- Business entity’s bank details indicated on the claimant bank details form
- One page copy of recent bank statement, current deposit slip or withdrawal slip (clearly showing account name and number) to confirm bank account details provided in item 8 above
5. Claiming on behalf (where the owner is alive/agent for the owner)
Where the claimant is not the owner but is claiming as an agent on behalf of a living owner, the following are the requirements:
- Completed and duly commissioned agent for owner claim form (Form 4D)
- Completed and duly commissioned indemnity agreement (Form 5)
- An official letter received from the holder confirming remittance of unclaimed assets to the Authority
- Certified copy of the claimant’s national identity card or passport
- Copy of claimant’s KRA PIN certificate
- Registered power of attorney. (Registered at the Ministry of Lands)
- Claimant’s bank details indicated on claimant bank details form
- One page copy of recent bank statement, current deposit slip or withdrawal slip (clearly showing account name and number) to confirm bank account details provided in item 7 above
How to claim assets from UFAA
According to Unclaimed Financial Assets Authority (UFAA), heirs should constantly check for the status of deceased relatives. You can only claim this money if you are the executor of the will or personal representative. The documents to be provided by the next of kin depend on the circumstance of the customer’s death. Furthermore, anyone can have unclaimed assets so it is advisable for people to constantly check their status. Also, there is no limit for lodging a claim with UFAA. Owners can claim their assets at any time.
Find out how you can reclaim personal or loved ones’ assets.
Claiming instructions
- Specify your preferred mode of payment on your claim form. The Authority does NOT make payments in cash. Provide details for the following:
- Bank transfer – give account details e.g. name of bank, branch and account number
- If one of the following cases applies to you please attach the following details:
- Affidavit for change of name, if name on ID is different from that on any other identity document for the claimant or if the name of a company has changed
- If claiming a banker’s cheque submit the original banker’s cheque or affidavit for loss
- If claiming an insurance policy submit the original policy document/ affidavit for lost policy document
How to make your claim
- Go the UFAA portal
- Register your account by providing:
- Your full name
- National ID
- Phone number
- Username
- Password
- Login into your account using the username and password you registered with
- Search for an asset/person you want to claim
- Select the checkbox if the asset is found
- Click ‘Submit’ to start the process of claiming
- On the next screen:
- Confirm your have selected the correct claim(s)
- Select the claiming type
- Download the files and make sure your fill them correctly
- Attach all the filled forms
- Once done uploading, click ‘Submit’
How to track your claim
- Go the UFAA portal
- Login into your account using the username and password you registered with
- Under the ‘Unclaimed Assets’ tab, select ‘Claimant’ and then ‘Track Your Claim’
