(1) Claims for abandoned property submitted by a finder must include:

(a) a properly completed claim form as prescribed by the department, bearing the notarized signature of the claimant; and

(b) an original signed power of attorney, or written agreement, authorizing the finder to prosecute a claim for abandoned property on behalf of a claimant. The power of attorney or written agreement must contain:

(i) specific authorization to release private information concerning the owner's interest in the property; and

(ii) specific instructions concerning payment.

(2) A finder may not charge a fee that exceeds 15 percent of the value of the property paid or delivered to the administrator. Any amount that exceeds this percentage is considered unconscionable.

(3) A finder must have a current private investigators license from the state of Montana to serve as a finder on behalf of the owner of property, as required in 37-60-101, MCA.

(4) Only one check is issued by the state. The check will be issued in the name of the person signing the power of attorney and mailed to the finder, unless the power of attorney specifically states that the check is to be made payable to both the finder and the person signing the power of attorney or written agreement. If the check is to be made payable to the finder only, the power of attorney or written agreement must specifically authorize "authority to receive the check in the name of the (fee finder's name)."

(5) In the event of a written request by a finder that the department do a search on behalf of the finder's client, the department may require written confirmation of the request bearing the claimant or client's signature. If the claimant or client is a business, it will be sufficient if the confirmation letter is on company letterhead.

History: 70-9-828, MCA; IMP, 70-9-825, MCA; NEW, 1992 MAR p. 2570, Eff. 11/26/92; AMD, 1998 MAR p. 2511, Eff. 9/11/98; AMD, 2012 MAR p. 1000, Eff. 5/11/12; TRANS, from 42.38.206, 2015 MAR p. 2036, Eff. 11/13/15.