Current through Register Vol. 63, No. 9, September 1, 2024
In addition to the requirements under OAR 170-040-0105, an
Agent or Employee filing a Claim on behalf of a Claimant must provide all the
documents or other records required under this rule.
(1)
Generally. An Agent must
provide an original Power of Attorney or other written notarized statement
provided by each Claimant authorizing the Agent to file a Claim on behalf of
the Claimant.
(2)
Licensed
Finder. The Licensed Finder must provide the following documents with
the Property Claim Form:
(a) An original
Power of Attorney or other written notarized statement provided by each
Claimant authorizing the Licensed Finder to file a Claim on behalf of the
Claimant;
(b) A copy of the
Licensed Finder's Investigator license issued by the Oregon Department of
Public Safety, Standards and Training under ORS
703.430;
and
(c) An affidavit signed by each
Claimant for the specified types of Property as determined by the
Treasurer.
(3)
Guardian or Conservator. The Person filing a Claim on behalf of an
incapacitated Person or a minor must provide a certified copy of the
guardianship or conservatorship appointment.
(4)
Employee on behalf of a Business or
Governmental Entity. The Person filing a Claim on behalf of a Business
Entity or Governmental Entity must provide the following documents with the
Property Claim Form:
(a) Evidence of the
Claimant's Business Tax ID or Federal Tax ID number; and
(b) An original statement delegating the
authority to the Employee to file a Claim on behalf of the Entity on the
Entity's letterhead. The delegation must be signed by an individual authorized
to bind the Entity, such as an officer of the corporation, the director of a
state agency, county executive, or city manager, managing member of the limited
liability company, or partner of a partnership; and
(5)
Agent on behalf of a Business or
Governmental Entity. The Person filing a Claim on behalf of a Business
Entity or Governmental Entity must provide the following documents with the
Property Claim Form:
(a) Evidence of the
Claimant's Business Tax ID or Federal Tax ID number;
(b) If the Entity directs the Treasurer to
deliver Property to the Agent rather than the Entity, then evidence of the
Agent's Federal Tax ID number;
(c)
An original Power of Attorney authorizing the Agent to submit a Claim on behalf
of the Entity. The Power of Attorney must be signed by an individual authorized
to bind the Entity, such as, such as an officer of the corporation, director of
a state agency, county executive, or city manager, managing member of the
limited liability company, or partner of a partnership; and
(d) An original statement on the Entity's
letterhead signed by an individual authorized to bind the Entity, such as an
officer of the corporation, the director of a state agency, county executive,
or city manager, managing member of the limited liability company, or partner
of a partnership, that:
(A) Recites the
authority of the individual to bind the Entity;
(B) Acknowledges that the individual has
executed a Power of Attorney authorizing the Agent to submit a Claim on behalf
of the Entity;
(C) Includes the
name and address of the Agent; and
(D) Directs the Treasurer to whom payment
should be delivered if any Property is due the Entity under the
Claim.
(6)
Agent on behalf of a Dissolved Business Entity. The Person filing
a Claim on behalf of a Dissolved Business Entity must provide the documents
required under section (5) of this rule and the following documents with the
Property Claim Form:
(a) If the Business
Entity is a corporation or a limited liability company, a copy of the articles
of dissolution; or
(b) If the
Business Entity is a partnership, a copy of the partnership agreement or other
agreement between the partners describing how partnership assets are to be
distributed.
(7)
Agent on Behalf of a Business Entity in Bankruptcy. The Person
filing a Claim on behalf of Business Entity in bankruptcy must provide the
documents required under section (5) of this rule and the following documents
with the Property Claim Form:
(a) A copy of
the order appointing the bankruptcy trustee; and
(b) An original Power of Attorney that
authorizes the Agent to submit a Claim on behalf of the trustee in bankruptcy
or on behalf of the Person or Entity authorized by the bankruptcy court to make
a Claim on behalf of the bankruptcy estate.
(8)
Business Entity Formerly in
Bankruptcy. The Person filing a Claim on behalf of a Business Entity
formerly in bankruptcy must include the documents required under section (4) of
this rule and a copy of the order of discharge or other order establishing that
the bankruptcy trustee abandoned the bankruptcy estate's interest in the
Unclaimed Property.
Statutory/Other Authority: ORS
98.422 & ORS
178.050
Statutes/Other Implemented: ORS
98.392
