(a) The "Board" is the Board of Governors of the Alaska Bar Association. (b) The "Fund" is the Lawyers' Fund for Client Protection of the Alaska Bar Association. (c) The "Committee" is the Lawyers' Fund for Client Protection Committee. (d) The term "lawyer" as used in this part and the rules contained therein means an active member of the Alaska Bar Association domiciled in Alaska at the time of the act or omission which is the basis of the application of the fund. The act or omission complained of need not have taken place within the State of Alaska in order for an application to the fund to be made or granted. (e) The words "dishonest conduct" or "dishonest act" as used herein means wrongful acts committed by a lawyer in the manner of defalcation or embezzlement of money, or the wrongful taking or conversion of money, property or other things of value. (f) "Reimbursable losses" are only those losses of money, property or other things of value which meet all of the following tests: (1) The loss was caused by the dishonest conduct of a lawyer when (i) acting as a lawyer, or (ii) acting in a fiduciary capacity customary to the practice of law, such as administrator, executor, trustee of an express trust, guardian or conservator; or (iii) acting as an escrow holder or other fiduciary, having been designated as such by a client in the matter in which the loss arose or having been so appointed or selected as a result of the client-attorney relationship. (2) The loss was that of money, property, or other things of value which came into the hands of the lawyer by reason of having acted in the capacity described in paragraph (f)(1) of this rule. (3) The dishonest conduct occurred on or after the effective date of this part. (4) The claim shall have been filed no later than three years after the claimant knew or should have known of the dishonest conduct of the lawyer. (5) The following shall not be an applicant: (i) The spouse or other close relative, partner, associate or employee of the lawyer, or (ii) An insurer, surety or bonding agency or company, or (iii) Any business entity controlled by (1) the lawyer, (2) any person described in paragraph (i) hereof, or (3) any entity described either in paragraph (ii) hereof or in turn controlled by the lawyer or a person or entity described in paragraphs (i) or (ii) hereof, or (iv) A governmental entity or agency, or (6) The loss, or reimbursable portion thereof was not covered by any insurance or by any fidelity or surety bond fund, whether of the lawyer or the applicant or otherwise. (7) Either (i) the lawyer (aa) has died or has been adjudicated mentally incompetent; (bb) has been disciplined, or has voluntarily resigned from the practice of law in Alaska; (cc) has become a judgment debtor of the applicant or has been adjudicated guilty of a crime which judgment or judgments shall have been predicated upon dishonest conduct while acting as specified in paragraph (f) (1) of this rule and which judgment or judgments remain unsatisfied in whole or in part; or (ii) the Board has determined it to be an appropriate case for consideration under these rules. (8) Reimbursable losses do not include interest on such losses or attorney fees incurred in attempts to recover them. (g) "Notice" means the delivery of a written notice personally to the addressee or by mail to the most recent address which the addressee has provided to the Alaska Bar Association. Written notice shall be presumed to be received by the addressee five (5) days after the postmark date of certified or registered mail sent to the most current address which the addressee has provided to the Alaska Bar Association. Added by SCO 214 effective 1/1/1976; amended by SCO 722 effective 12/15/1986; and by SCO 1029 effective 7/15/1990