Attorneys are required to submit an annual report to the Division of Unclaimed Funds by November 1. R.C. 169.03. A single report is required every year, even if an attorney is reporting $0 dollars. Ohio Adm.Code 1301:10-3-03(B). See also, Negative (None) Report. When an attorney or firm reports and remits Attorney Unclaimed Funds to the Division of Unclaimed Funds, that report satisfies the attorney or firm’s annual reporting requirement.

Attorney Unclaimed Funds held by lawyers have a dormancy period of three years. R.C. 169.02(P). Lawyers must therefore remit to the Division of Unclaimed Funds, any Attorney Unclaimed Funds which remain unclaimed after three years after the date that they became payable or distributable to the owner.

Funds are unclaimed when the owner has not responded to attorney outreach or generated activity on any account owned, accepted payment of the funds, corresponded in writing or via email and/or telephone about the funds, or otherwise indicated interest in the funds. See Ohio Adm.Code 1301:0-1-01(P).

Lawyers are permitted to report Attorney Unclaimed Funds to the Division of Unclaimed Funds prior to the expiration of a three-year dormancy period, as long as the holder has reason to believe that the funds will become reportable and satisfies the notice requirements set forth in R.C 169.03. See Form OUF-8.

Form OUF-1A and form OUF-2 must be completed to report Attorney Unclaimed Funds to the Division of Unclaimed Funds. When completing form OUF-2, lawyers are required to use the unique “Nature of Funds Code,” TR88, to identify all Attorney Unclaimed Funds. There is no minimum reportable dollar amount for attorney unclaimed accounts.

View the full Unclaimed Funds Reporting Forms packet with instructions.

When filling out form OUF-2 for properties with unidentifiable owners, lawyers must provide the word “Unknown” in the field requesting the “Last Name or Business Name.” Any known information regarding the funds must be completed, to include:

• Amount
• Nature of Funds Code – TR88
• Date of Last Activity

The Board of Professional Conduct’s Advisory Opinion 2008-3 states that a lawyer’s report of unclaimed funds belonging to a client whose identity or whereabouts are unknown does not violate the duty of safekeeping a client’s funds under Prof.Cond.R. 1.15 or the duty to protect a client’s confidentiality under Prof.Cond.R. 1.6.

Lawyers who are not holding any Attorney Unclaimed Funds must file a Negative (None) report through the Ohio Business Gateway. Contact the Division of Unclaimed Funds at 614-728-9605 or email to [email protected] with any questions. See Ohio Adm.Code 1301:10-3-03(B).

Under Ohio law, owners of Attorney Unclaimed Funds have a right to recover the funds with interest from the State in perpetuity. Owner information is listed on missingmoney.com to reunite the funds with the rightful owner. The Division of Unclaimed Funds oversees claims and determines whether a claim is to be paid. There are three easy steps to file your claim, which can be viewed at https://unclaimedfunds.ohio.gov or https://com.ohio.gov/divisions-and-programs/unclaimed-funds/claiming-funds.