OAR 170-140-0110: Required Attachments when Claim Filed on Behalf of a Claimant

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, unredacted Power of Attorney or other written, unredacted and 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, unredacted Power of Attorney or other written and 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 unredacted contract and affidavit, if separate from the contract, 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, 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.