California Dreamin' - The California Due Diligence Process - Are You Ready?

If you have ever filed an unclaimed propertyIt's amazing how quickly some people can get in
report with the state of California you know whatcontact with the CEO of the Company demanding
I am referring to and if you haven't but you filedtheir check.
a preliminary report in June with the State you(2) Have a process for responding to the faxes,
are about ready to life the nightmare ofthey pile up as quickly as the phone calls. Similar
California's due diligence process. Just last monthto the phone calls, they go to the fax belonging
you were asked to submit a preliminary report toto the contact.
the state of California. This report was a list of all(3) A phone log is not necessary, as I mention
the companies and individuals that your Company,below, you will ask for verification by receipt of
at least according to your books and records,the fax.
"owes" unclaimed funds.(4) DO NOT PROMISE WHAT YOU CANNOT
Well, since June California has been very busy.DELIVER. I can guarantee if these folks do not
The State has been reviewing that list, checking itreceive a check quickly they will call back. It
twice, and comparing it against tax records andamazes me every time...they didn't even know
other resources for the purposes of locatingabout the check and suddenly the electricity is
these "owners." The result of all this effort is ingoing to be shut off if they don't receive their
about a month or two they will be flooding themoney. Tell them that after the final verification
state with letters from the California Stateprocess if they are owed the funds when they
Controller. These letters will notify these folks thatcan expect to receive their checks. BE
there is potentially money owing to them and ifREALISTIC! Otherwise you will get to know some
they wish to claim it they need to contact YOUof these people so well you will be exchanging
to get their money.holiday cards.
Now, like my mother always said, there are twoIf you do not have the capability to handle the
sides to every story, the problem and thedeluge, consider outsourcing this process. It
solution.generally only lasts about 1 - 2 weeks. I can assist
The Problem: This is going to createin identifying resources.
CHAOS...phone calls and emails will begin flooding in3. Keep score. It is essential that you track all the
and will be routed to whomever you listed as theinformation coming at you. Remember these are
"contact." Hope it wasn't the CFO. Many of theresponses to your preliminary report. If you make
recipients of these letters will be placed in a statepayments in response to these letters I am fairly
of utter confusion. However, once they realizeconfident you don't want to also pay the state,
this is about money, they suddenly need italthough California certainly needs the money.
immediately.Once again, I wish I had an easy answer...I don't,
The Solution: An immediate solution is to getbut here are some suggestions.
another job. Now while this is tempting, it is not(1) Require that those requesting payment fax or
very practical. The second solution, prepare formail in the letter they received from California as
the deluge. Here are some additionalverification. You will need to maintain these faxes
recommendations.as proof that a request was made for payment.
1. Beat them to the punch... send out your ownIf possible you should attach a copy of the issued
letter. Not surprising, the letter that Californiaor cashed check, depending upon the size of the
sends is very confusing. Remember KISS? Well,Company. If this is not possible, a listing of checks
let's keep this really simple. Send out your ownissued from AP would suffice. If the dollar amount
letter ahead of California. Now what this will costrequested is over a certain threshold you may
you in postage, it will save you in lost timewant to request proof of identification.
answering phone calls and responding to faxes.(2) Now you may ruffle some feathers, but once
The letter should simply indicate that the individualyou receive the fax or letter you may want to
will shortly be receiving a letter from the Californiasend out your own letter requesting verification
State Controller notifying them that they maythat funds are owing to the individual or company.
have funds owing to them from your Company.(3) If you have reporting software you most
If you wish you can also indicate that this has yetlikely have the capability of tracking responses to
to be verified and the final report is due todue diligence letters. If you have reporting
California in November.software and you have not taken advantage of
If you would like to receive a sample letter, justthis function, reach out to your provider. (If you
drop me an email or give me a call.would like to know about reporting software, give
I would STRONGLY advise you provide a phoneme a call and I can put you in contact with a
number that individuals can call with any questions.great resource).
Now, you can provide detailed instructions on the(4) If you do not have reporting software, you
voicemail, but many will still have questions so Imust ensure that you are accurately tracking the
advise you have a real live person answering theresponses you are receiving. Remember this is
phone. I discuss this in greater detail below.not only important for reporting purposes but also
Please be advised there are NUMEROUS stepsfor reconciliation purposes.
you can take prior to sending California the list in(5) As I mentioned above, these folks are going
June that can mitigate the number of records, theto call you repeatedly wanting to know when
inaccuracy of records, etc., which have a directthey will receive their check. They will also call
impact upon the pain you will feel during the duewanting to know if you received their fax. I
diligence process. These will be discussed atSTRONGLY recommend you have a method for
another time...I promise.tracking faxes received and checks processed.
2. Man the battle stations. As I mentioned above,(6) KEEP COPIES and ORGANIZE THE
the letters that California sends out are veryRESPONSES! Whether you prefer hard copy or
confusing. Once they see a phone number, mostelectronic, make sure you keep copies of all
people stop reading and just dial. Their question, "Iresponses, faxes, letters, emails. This is proof in
got this letter what does it mean?" Or, "Thiscase you are ever placed under audit or there is
letter says you owe me money." The key is youever any confusion regarding a payment.
and hopefully, your team, must be ready for theTracking is the key to ensure your California
phone to start ringing. As I mentioned, the phonereporting is successful. I just touched the surface.
that will start ringing is the one who is as theIf you read something here that resonated with
contact on your preliminary report. If it was theyou or you have questions, please call and we can
Vice President you may want to remedy thatdiscuss. Each of these suggestions should be
situation very quickly.modified and tailored to a Company's needs.
Unfortunately, I can't wave a magic wand overThanks for reading, and as always, feel free to
this one. Below are some suggestions based uponcall or email if you have any questions or
lessons learned the hard way...experience.comments.
(1) Answer the phone; don't let the calls pile up.