Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.38 - ABANDONED PROPERTY
Subchapter 42.38.1 - General Provisions
Rule 42.38.103 - DEFINITIONS

Universal Citation: MT Admin Rules 42.38.103

Current through Register Vol. 18, September 20, 2024

The following definitions apply to this chapter:

(1) "Finder" means an individual, company, or corporation that locates owners of unclaimed property and assists them in retrieving the property for a fee or commission.

(2) "Holder" has the meaning given in 70-9-802, MCA, and includes, but is not limited to, financial institutions, corporations, partnerships, limited liability companies, cooperatives, business associations, courts, governmental entities, and political subdivisions.

(3) "Memorandum" means, but is not limited to, the following:

(a) a confirmation letter or card signed by the owner;

(b) a personal letter or inquiry from the owner;

(c) a note in the holder's file that the owner discussed the account or property with the holder or holder's employee in person or by telephone; or

(d) a written or verbal communication (evidenced by a note in the holder's file) between the holder and the owner of multiple accounts regarding knowledge of all accounts, active and dormant, that generate regular statements or notices to the owner.

AUTH: 70-9-828, MCA; IMP: 70-9-801, 70-9-802, 70-9-803, MCA

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