A partnership between the Ohio Access to Justice Foundation and the Ohio Department of Commerce Division of Unclaimed Funds has generated millions of dollars to support civil legal aid and access to justice. With the Nov. 1 deadline to report unclaimed funds to the Division of Unclaimed Funds approaching, attorneys should be aware of the professional duty to report unclaimed funds and the transformative power these funds can wield.
Effective April 12, 2021, Ohio law created Attorney Unclaimed Funds. Attorney Unclaimed Funds include:
- Unclaimed IOLTA funds held pursuant to R.C. 4705.09;
- Unclaimed IOTA funds held pursuant to R.C. 3953.231; and,
- Unclaimed residual settlement funds, whether for named or unnamed plaintiffs.
See R.C. 169.01(L).
The law authorizes the Foundation, the largest funder of civil legal services in Ohio, to use Attorney Unclaimed Funds to support civil legal aid and access to justice. In 2023, Ohio’s legal aids helped more than 148,000 Ohioans resolve their civil legal issues to live safer, healthier, and more financially stable lives.
Ohio attorneys must use a specific property code created by the Division – TR88 – when reporting Attorney Unclaimed Funds. Complete the Division’s form OUF-1A to provide information about the company reporting unclaimed funds and form OUF-2 to report the cash value of unclaimed accounts.
The Division also offers a Voluntary Compliance Agreement (VCA) for “companies or holders of unclaimed property that was not reported in past reporting cycles and would like to become compliant with the Ohio Unclaimed Funds law.” Learn more about VCA acceptance criteria and the VCA process on the Division’s website.
Finally, attorneys should file an Annual Report of Unclaimed Funds even if they hold no unclaimed funds. Attorneys should file a “Negative” or “None” report online through the Ohio Business Gateway.
The Foundation’s Attorney Unclaimed Funds Guide answers specific questions you may have and includes contact information for Foundation and Division staff if you need more assistance.
The Ohio Access to Justice Foundation is the largest funder of civil legal services in Ohio. A gift to the Foundation supports Ohio’s legal aids.