Section 32-34-1.5-3 - DefinitionsThe following definitions apply throughout this chapter:
(1) "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder.(2) "Attorney general's agent" means a person with which the attorney general contracts to conduct an examination under section 53 of this chapter on behalf of the attorney general.(3) "Business association" means a corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity, whether or not for profit.(4) "Confidential information" means records, reports, and information that are considered confidential under section 78 of this chapter.(5) "Controllable electronic record" has the meaning set forth in IC 26-1-12-102.(6) "Domicile" means the following: (A) For a corporation, the state of its incorporation.(B) For a business association other than a corporation whose formation requires a filing with a state, the state of its filing.(C) For a federally chartered entity or an investment company registered under the Investment Company Act of 1940, as amended (15 U.S.C. 80a-1 et seq.), the state of its home office.(D) For any other holder, the state of its principal place of business.(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(8) "Electronic mail" means a communication by electronic means which is automatically retained and stored and may be readily accessed or retrieved.(9) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union.(10) "Financial organization loyalty program" means a record given without direct monetary consideration, excluding an annual or periodic fee, under an award, reward, benefit, loyalty, incentive, rebate, or other promotional program established by a financial organization for the purpose of rewarding a relationship with the sponsoring financial organization. The term includes: (A) both a physical card and an electronic record; and(B) a program offering a record that is redeemable for money or cash or is otherwise monetized by the financial organization.(11) "Game related digital content" means digital content that exists only in an electronic game or electronic-game platform. The term includes game-play currency such as a virtual wallet, even if denominated in United States currency and, if for use or redemption only within the game or platform or another electronic game or electronic-game platform, points sometimes referred to as gems, tokens, gold, and similar names and digital codes. The term does not include an item that the issuer: (A) permits to be redeemed for use outside a game or platform for money or goods or services that have more than minimal value; or(B) otherwise monetizes for use outside a game or platform.(12) "Gift card" means a stored card value: (A) the value of which does not expire;(B) that may be decreased in value only by redemption for merchandise, goods, or services, or due to any fees deducted by the card issuer; and(C) that, unless required by law, may not be redeemed for or converted into money or otherwise monetized by the issuer. The term includes a prepaid commercial mobile radio service (as defined in 47 CFR 20.3).
(13) "Holder" means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter.(14) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and worker's compensation insurance.(15) "Loyalty card" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program which may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.(16) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by a law of this state other than this chapter.(17) "Mineral proceeds" means an amount payable for the extraction, production, or sale of minerals, or, on the abandonment of the amount, an amount that becomes payable after abandonment. The term includes an amount payable:(A) for the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;(B) for the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and(C) under an agreement or option, including a joint-operation agreement, unit agreement, pooling agreement, and farm out agreement.(18) "Money order" means a payment order for a specified amount of money. The term includes an express money order and a personal money order on which the remitter is the purchaser.(19) "Municipal bond" means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state.(20) "Non-freely transferable security" means a security that cannot be delivered to the attorney general by the Depository Trust & Clearing Corporation or similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.(21) "Owner" means a person that has a legal, beneficial, or equitable interest in property subject to this chapter or the person's legal representative when acting on behalf of the owner. The term includes:(A) for a deposit, a depositor;(B) for a trust other than a deposit in trust, a beneficiary;(C) for other property, a creditor, claimant, or payee; and(D) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value.(22) "Payroll card" means a record that evidences a payroll card account as defined in Regulation E ( 12 CFR Part 1005 ).(23) "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.(24) "Property" means tangible property described in section 8 of this chapter or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government or governmental subdivision, agency, or instrumentality. The term includes:(A) all income from or increments to the property; and(B) property referred to as or evidenced by:(i) money, virtual currency, interest, or a dividend, check, draft, deposit, or payroll card;(ii) a credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;(iii) a security, except for a worthless security or a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;(iv) a bond, debenture, note, or other evidence of indebtedness;(v) money deposited to redeem a security, make a distribution, or pay a dividend;(vi) an amount due and payable under an annuity contract or insurance policy; and(vii) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or a similar benefit. The term does not include property held in a plan described in Section 529A of the Internal Revenue Code, game related digital content, a financial organization loyalty program, a loyalty card, a gift card, or an in-store credit for returned merchandise.
(25) "Putative holder" means a person believed by the attorney general to be a holder, until the person pays or delivers to the attorney general property subject to this chapter or the attorney general or court makes a final determination that the person is or is not a holder.(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(27) "Security" means: (A) a security (as defined in IC 26-1-8.1-102);(B) a security entitlement (as defined in IC 26-1-8.1-102), including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not: (i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;(ii) payable to the order of the person; or(iii) specifically indorsed to the person; or(C) an equity interest in a business association not included in clause (A) or (B).(28) "Sign" means, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or(B) to attach to or logically associate with the record an electronic symbol, sound, or process.(29) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.(30) "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:(A) Transmission of communications or information.(B) Production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.(C) Provision of sewage or septic services, or trash, garbage, or recycling disposal.(31) "Virtual currency" means a digital representation of value used as a medium of exchange, unit of account, or store of value, which does not have legal tender status recognized by the United States. The term does not include:(A) the software or protocols governing the transfer of the digital representation of value;(B) game related digital content;(C) a financial organization loyalty program; or(32) "Worthless security" means a security whose cost of liquidation and delivery to the attorney general would exceed the value of the security on the date a report is due under this chapter.Amended by P.L. 199-2023,SEC. 92, eff. 7/1/2023.Amended by P.L. 170-2023,SEC. 14, eff. 7/1/2023.Amended by P.L. 101-2023,SEC. 1, eff. 7/1/2023.Amended by P.L. 110-2022,SEC. 8, eff. 7/1/2022.Added by P.L. 141-2021,SEC. 20, eff. 7/1/2021.