§523A-2 - Definitions.
[§523A-2] Definitions. As used in this
part, unless the context otherwise requires:
"Administrator" means the director of
finance.
"Apparent owner" means a person whose
name appears on the records of a holder as the person entitled to property
held, issued, or owing by the holder.
"Business association" means a
corporation, joint stock company, investment company, partnership,
unincorporated association, joint venture, limited liability company, business
trust, trust company, safe deposit company, financial organization, insurance
company, mutual fund, utility, or other business entity consisting of one or
more persons, whether or not for profit.
"Domicile" means the state of
incorporation of a corporation and the state of the principal place of business
of a holder other than a corporation.
"Financial organization" means a
savings and loan association, financial services loan company, bank, banking
organization, or credit union.
"Holder" means a person obligated to
hold for the account of, or deliver or pay to, the owner of property that is
subject to this part.
"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 workers' compensation insurance.
"Mineral" means gas; oil; coal; 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 resource; or any other substance defined as a mineral by the law of
this State.
"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 thereafter.
The term includes amounts payable:
(1) For the acquisition and retention of a mineral
lease, including bonuses, royalties, compensatory royalties, shut-in royalties,
minimum royalties, and delay rentals;
(2) For the extraction, production, or sale of
minerals, including net revenue interests, royalties, overriding royalties,
extraction payments, and production payments; and
(3) Under an agreement or option, including a joint
operating agreement, unit agreement, pooling agreement, and farm-out agreement.
"Money order" includes an express
money order and a personal money order, on which the remitter is the
purchaser. The term does not include a bank money order or any other
instrument sold by a financial organization if the seller has obtained the name
and address of the payee.
"Owner" means a person who has a
legal or equitable interest in property subject to this part or the person's
legal representative. The term includes a depositor in the case of a deposit,
a beneficiary in the case of a trust other than a deposit in trust, and a
creditor, claimant, or payee in the case of other property.
"Person" means an individual,
business association, financial organization, estate, trust, government,
governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
"Property" means tangible property
described in section 523A-4 or a fixed and certain interest in intangible
property that is held, issued, or owed in the course of a holder's business, or
by a government, governmental subdivision, agency, or instrumentality, and all
income or increments therefrom. The term includes property that is referred to
as or evidenced by:
(1) Money, a check, draft, deposit, interest, or
dividend;
(2) A credit balance, customer's overpayment, gift
certificate not exempt under section 523A-3.5, security deposit, refund, credit
memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified
remittance;
(3) Stock or other evidence of ownership of an interest
in a business association or financial organization;
(4) A bond, debenture, note, or other evidence of
indebtedness;
(5) Money deposited to redeem stocks, bonds, coupons,
or other securities or to make distributions;
(6) An amount due and payable under the terms of an
annuity or insurance policy, including policies providing life insurance,
property and casualty insurance, workers' compensation insurance, or health and
disability insurance; and
(7) 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 similar benefits.
"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.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or
insular possession subject to the jurisdiction of the United States.
"Utility" has the same meaning as the
term "public utility" under section 269-1. [L 2008, c 55, pt of §1]