The 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
(D) a loyalty card.
(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.