Sec. 34.45.760. Definitions.

820 words·~4 min read·/ak/title-34/chapter-45/34-45-760

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In AS 34.45.110 — 34.45.780, unless the context requires otherwise,

(1)“apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder;

(2)“banking organization” means a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or an organization defined by other applicable laws as a bank or banking organization;

(3)“business association” means a nonpublic corporation, joint stock company, investment company, business trust, mutual fund, joint venture, limited liability company, partnership, or association for business purposes or other business entity of one or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility;

(4)“commissioner” means the commissioner of revenue;

(5)“department” means the Department of Revenue;

(6)“domicile” means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person;

(7)“financial organization” means a savings and loan association, cooperative bank, building and loan association, or credit union;

(8)“gift certificate” means an obligation of a business association arising from a transaction between the business association and a consumer to provide goods or services at a future date; “gift certificate” includes a gift certificate, stored value card, gift card, on-line gift account, or other representation or evidence of the obligation of a business association;

(9)“holder” means a person, wherever organized or domiciled, who is

(A)in possession of property belonging to another,

(B)a trustee, or

(C)indebted to another on an obligation;

(10)“insurance company” means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, that is engaged in providing insurance coverage, including accidental, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life, including endowments and annuities, malpractice, marine, mortgage, surety, and wage protection insurance;

(11)“intangible property”

(A)includes

(i)money, checks, drafts, warrants, deposits, interest, dividends, and income;

(ii)credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, and unidentified remittances;

(iii)stocks and other intangible equity interests in business associations;

(iv)money deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(v)amounts due and payable under the terms of insurance policies;

(vi)amounts 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 similar benefits; and

(vii)amounts due and payable as mineral proceeds;

(B)does not include

(i)unused airline tickets;

(ii)shares of stock issued by a corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) or unclaimed dividends payable on the shares of stock; or

(iii)overpaid contributions by employers to the unemployment compensation fund under AS 23.20.130 ;

(12)“mineral” means gas; oil; other gaseous, liquid, and solid hydrocarbons; oil shale; 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; or any other substance defined as mineral by other state law;

(13)“mineral proceeds” means amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable after the abandonment; “mineral proceeds” includes amounts payable

(A)for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals;

(B)for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments;

(C)under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement;

(14)“owner” means a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to AS 34.45.110 — 34.45.780; the term includes a person's legal representative;

(15)“person” means an individual, business association, state, municipality or other government, including the United States government, subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or other legal or commercial entity;

(16)“property” means personal property, but does not include property covered by

(A)AS 14.57.200 — 14.57.290;

(B)AS 23.20 ;

(17)“state” means a state, district, commonwealth, territory, insular possession, or other area subject to the legislative authority of the United States;

(18)“unsworn falsification” means the offense described in AS 11.56.210 ;

(19)“utility” means a person who owns or operates for public use a plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.