(A) An individual submitting a claim for
funds must establish ownership and/or proper authority to claim the
funds.
(1) Ownership may be
established by supplying the director with the claimant's name, address
and taxpayer identification number (social security number). Where the address
shown by a holder's report is not the current address of the claimant, the
claimant may submit correspondence, statements or copies of other documents
that were received at or addressed to the last known address reported. The
claimant may also submit documentation substantiating a relationship with the
reporting holder.
(2) A claim filed by an
individual who purports to act by a valid power of attorney must present
evidence of the existence of an agreement to claim the specific
funds.
(3) A claim filed by an
individual who purports to act for a partnership, association, limited
liability company or corporation must be executed by an individual duly
authorized to act on behalf of the partnership, association, limited liability
company or corporation.
(4)
When a finder has entered into an agreement
with a person to receive a fee, compensation, commission or other remuneration
for locating, delivering, recovering, or assisting in the recovery of unclaimed
funds, the finder or person with whom the finder has entered into an agreement
must first submit the agreement to the division for review to determine if it
complies with all the requirements of section 169.13 of the Revised Code and
registration pursuant to section 169.16 of the Revised Code. Once it is
determined the agreement is compliant, the division will issue a claim form to
the finder or person with whom the finder has entered into an agreement.
(5) When an individual, partnership,
association, limited liability company or corporation is in receivership or in
bankruptcy, the receiver or trustee in bankruptcy is the proper claimant upon
the presentment of certified copies of the entry of appointment. If execution
has been levied on the unclaimed funds, a certified copy of the judgment entry
or order of execution must be submitted by the creditor and properly served in
accordance with the statutes governing the applicable execution procedure,
before the processing of a creditor's claim.
Payment will not be made under this paragraph
to the owner after due notice has been received by the director from the
receiver, the trustee in bankruptcy or the court in which the execution has
been levied.
(6) Where a partnership, association,
limited liability company or corporation has ceased to exist, the claimant must
file evidence of authority to make the claim and receive the funds pursuant to
the dissolution agreement or under applicable state and federal
statutes.
(7) Where unclaimed funds are reported to
the director in the name of a decedent, the claimant must submit a certified
copy of the probate court document showing the claimant's current status
as executor, administrator or commissioner in the estate and under current
date, or if the estate is closed, or if there was no administration of the
estate, other appropriate documentation substantiating the claimant's
right to the funds, including, in such circumstances, but not limited to, a
valid death certificate.
(8) Where unclaimed funds are the assets
of a ward, the guardian must present a certified copy of the appointment, under
current date.
(9) Where unclaimed funds are reported in
the name of a trust or trustee, the claimant must present a certification of
trust meeting all the requirements of section 5810.13 of the Revised Code to
certify that the claimant currently serves as a trustee under the trust
agreement.
(10) Where unclaimed funds are reported in
the name of a political subdivision, the claimant must present evidence of the
authority to claim the funds on behalf of the political
subdivision.
(11) When the unclaimed
funds are reported in the name of an owner residing or located outside the
United States, or if the claimant is residing or located outside the United
States, the claim form, power of attorney, finder's agreement, or other
original document signed by the owner or claimant and required to be filed with
the division must be notarized and authenticated through the U.S. consulate in
the owner's or claimant's country of residence or location, or
notarized and certified by a Hague Convention Apostille.
(B) The criteria stated in this rule
which is considered in the payment of claims is not all inclusive. Latitude may
be provided in the claim paying process to allow for individual and unique
situations which arise. The division shall exercise its sole discretion in
determining the sufficiency of documentation to prove a claim and to allow for
payment.
(C) Current date, for purposes of this
rule, shall be no more than two years from the date the claim is
filed.
