Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-4 - Claims › Section 1301:10-4-02 - Authority to present claims

Current through all regulations passed and filed through July 1, 2024
(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.