Section 10 IAC 1.5-4-5 - Proof of ownership; business accountsAuthority: IC 32-34-1-52
Affected: IC 32-34-1
Sec. 5.
Any person acting on behalf of a business claiming an interest in the unclaimed intangible personal property of a business or a business account in the custody of the attorney general shall file with the attorney general the following:
(1) If the property is claimed by a proprietorship or a partnership, then the claimant shall produce authorization to file a claim for the proprietorship's or partnership's unclaimed property. The claimant shall provide personal identification as specified in this article.(2) If the property is claimed by a corporation that is still active, then the claimant shall produce a certified copy of the corporation's most recent filing with the secretary of state of Indiana, or the appropriate official of another state, where applicable, reflecting the names of the officers and directors of the corporation. The claimant shall also show appropriate evidence indicating the claimant's right to act on behalf of the business.(3) If the property is claimed by a dissolved corporation, then the claimant shall provide certification from an appropriate state official of the state of incorporation, certified within one (1) year of the filing of the claim to reflect the last corporate filing. The claimant shall also show appropriate evidence that the corporation is the same corporation as on the attorney general's records and that the claimant is entitled to all or a proportional share of the dissolved corporation.(4) If the property is claimed by a corporation dissolved pursuant to a bankruptcy proceeding, the claimant shall provide a duly authenticated copy of the petition filed in the bankruptcy proceedings together with copies of any orders appointing a trustee or examiner if they exist. If no bankruptcy proceedings of the dissolved corporation are known, then the claimant shall provide proof from the appropriate U.S. District Bankruptcy Court. The claimant shall produce personal identification as specified in these rules.Office of Attorney General for the State; 10 IAC 1.5-4-5; filed Jul 1, 1997, 4:15 p.m.: 20 IR 3002; readopted filed Aug 14, 2003, 1:15 p.m.: 27 IR 946; readopted filed Oct 6, 2009, 9:03 a.m.: 20091104-IR-010090575RFAReadopted filed 10/26/2015, 1:48 p.m.: 20151125-IR-010150149RFAReadopted filed 11/10/2021, 4:13 p.m.: 20211208-IR-010210426RFA