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ARTICLE · 28 JANUARY 2019

Univar, Inc. Challenges Delaware Unclaimed Property Audit As Unconstitutional

Duff and Phelps
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Univar seeks declaratory judgment and injunction relief.

United StatesAccounting and Audit
Robert Peters
Robert Peters
Scott Regan
Scott Regan
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The Duff & Phelps Unclaimed Property and Tax Risk Advisory team has learned that on December 3, 2018, Univar, Inc. filed an action in the U.S. District Court for the District of Delaware asserting that an unclaimed property audit initiated by the Delaware Department of Finance and its third-party contingent auditor Kelmar Associates LLC violates the company's rights under the United States Constitution.

Specifically, Univar claims the audit impinges the company's rights under the Fourth, Fifth and Fourteenth Amendments. Univar seeks declaratory judgment and injunction relief. The complaint may be viewed here.

This action appears to fulfil predictions recently outlined in Duff & Phelps' publication titled, " What is the Future State of Unclaimed Property" that the time could be ripe for a lawsuit in Federal Court against Delaware's audit regime based on due process grounds.

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