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2005 Colorado Attorney General Reports and Opinions 1 (2005)

handle is hein.sag/sagco0065 and id is 1 raw text is: .08v6c

JOHN WSUTHERS
Attorney General
CYNTHIA S. HONSSINGER
Chief Deputy Attorney General
JOHN J. KRAUSE
Interim Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW
OFFICE OF THE ATFORNEY GENERAL

STATE SERVICES BUILDING
1525 Sherman Street - 5th Floor
Denver Colorado 80203
Phone (303) 866-4500
FAX (303) 866-5691

FORMAL
OPINION

of

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JOHN W. SUTHERS
Attorney General

No. 05-01

AG Alpha No. TR UP AGBBH
April 13, 2005
Status of stored value cards,
including gift cards

This opinion concerns the status of stored value cards, including gift cards, under
Colorado's Unclaimed Property Act. It is issued at the request of the State Treasurer, who asks
whether Colorado's Unclaimed Property Act applies to stored value cards and gift cards, and if
so, which section of the Act is applicable.
QUESTIONS PRESENTED AND CONCLUSION
Questions: Does Colorado's Unclaimed Property Act, article 13 of title 38, C.R.S.
(2004), apply to stored value cards and gift cards? If so, which section of the Act is applicable?
Answer: Pursuant to applicable principles of statutory interpretation, the broad
provisions of §§ 38-13-103 and 104, C.R.S. (2004) of Colorado's Unclaimed Property Act
encompass stored value cards, including gift cards. Therefore, the unused monetary value of
cards held by a card issuer is subject to the provisions of the Act.

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