Transfer of Ownership of UAB Property

Transfer of Ownership of UAB Property

Abstract:
All UAB property is considered by the State of Alabama to be State property. Therefore, it is rare to transfer ownership of property unless certain conditions require UAB to relinquish the property in question. This policy outlines those conditions and procedures for transferring the ownership of UAB property.
Effective Date:
10/11/2007
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff
Material Original Source:

Transfer of Ownership of UAB Property

All UAB property is considered by the State of Alabama to be State property. UAB is therefore limited in terms of giving away UAB property (known at UAB as "transferring ownership" of UAB property) to other institutions.

"UAB property" includes: capital and noncapital items purchased, in total or in part, out of UAB funds; items donated to UAB; items transferred to UAB with grants/contracts; or any property for which ownership is otherwise transferred to UAB. This includes purchases out of federal or nonfederal grant/contract accounts. This applies to all UAB property, both University and Hospital.

The State of Alabama only permits UAB to transfer title to State property when UAB is legally required to do so. Such a transfer is usually associated with a UAB faculty member resigning from UAB to take a job at another university.

When a transfer is associated with a UAB faculty member resigning from UAB to take a job at the other institution, UAB is only permitted to transfer ownership of property to the new employer when UAB can establish that:

(1) The property was purchased exclusively by a grant;

(2) That particular grant is still active;

(3) That grant agreement legally requires UAB to relinquish title to the property; and

(4) The sponsor is legally transferring that particular grant to the other institution.

No UAB property may be physically removed from UAB for transfer of ownership without an official UAB authorization letter from Bevery Matlock in UAB Financial Affairs approving transfer of that item. Also, since this UAB Financial Affairs' authorization is subject to the associated grants also being relinquished, then that requirement must also be met before the UAB property is removed from UAB. The State Examiners and the State Attorney General Offices have consistently taken the position that failure to comply with this requirement may result in legal prosecution of the departing faculty member for misappropriation or theft of State property. Faculty members and administrators therefore should be extremely cautious in supervising the packing and moving of UAB property.