OAR 141-040-0213
Claims Submitted on Behalf of Business Entity or Governmental Entity; Proof of Authority
(1)
When a claim is submitted by an employee of a business or governmental entity, the employee shall provide an original statement on the letterhead of the entity executed 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 recites the authority of the individual to bind the entity, and that authorizes the employee to submit a claim on behalf of the entity.(2)
When a claim is submitted by an agent on behalf of a business or governmental entity, in addition to the documentation required of all other claimants under OAR 141-040-0211 (Claim Format), the agent must provide:(a)
An original power of attorney that authorizes the agent to submit a claim on behalf of the entity that is executed 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(b)
An original statement on the letterhead of the entity executed 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 recites the authority of the individual to bind the entity, and that acknowledges that the individual has executed a power of attorney authorizing the agent to submit a claim on behalf of the entity. The statement must include the name and address of the agent and direction to the Department for payment of any property determined to be due to the entity. If payment is to be made to the agent, the agent must also provide his/her federal tax identification number.(3)
Department staff will not discuss any claim or inquiry with an agent or employee of an entity until the agent or employee has provided to the Department the documentation required in subsection (1) or (2) of this section as the case may be.(4)
When a claim is filed on behalf of a dissolved business entity, in addition to the information required by subsection (1) and (2) above, the person submitting the claim must provide:(a)
A copy of the articles of dissolution if the entity is a corporation or limited liability company; or(b)
A copy of the partnership agreement or other agreement between the partners describing how partnership assets are to be distributed if the entity is a partnership.(5)
When a claim is filed on behalf of an individual but the claim concerns unclaimed property held for the benefit of a business under an assumed business name or “doing business as”, in addition to the documentation required of all other claimants under OAR 141-040-0211 (Claim Format), the claimant must provide documentation establishing claimant’s ownership of the business, such as tax statements or business license. All warrants issued by the Department in such claims shall be made payable to the claimant “doing business as” the name of the assumed business name.(6)
When a claim is filed on behalf of a business entity in bankruptcy, in addition to the documentation required of all other claimants under OAR 141-040-0211 (Claim Format), the claimant must provide:(a)
A copy of the order appointing the bankruptcy trustee; and(b)
If the claim is being filed by an agent, 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.(7)
When a claim is filed on behalf of a business entity formerly in bankruptcy where the entitlement to the unclaimed property arose before commencement of the bankruptcy, in addition to the documentation required of all other claimants under OAR 141-040-0211 (Claim Format), the claimant must provide:(a)
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; and(b)
If the claim is being filed by an agent, the agent must also comply with the requirements of OAR 141-040-0213 (Claims Submitted on Behalf of Business Entity or Governmental Entity; Proof of Authority)(2), above.(8)
If the Department receives claims filed by two or more individuals on behalf of the same business or governmental entity, the Department will notify the entity in writing. The notice shall identify the names and addresses of the individuals who submitted the claims and shall request that the entity designate the authorized individual. The Department shall not process either claim unless and until the Department receives written authorization from the entity.
Source:
Rule 141-040-0213 — Claims Submitted on Behalf of Business Entity or Governmental Entity; Proof of Authority, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-040-0213.