Ohio Rev. Code § 1302.25 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.25
§ 1302.25. Warranty of title and against infringement - buyer's obligation against infringement - UCC 2-312
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Subject to division (B) of this section there is in a contract for sale a warranty by the seller that: (1) The title conveyed shall be good, and its transfer rightful; and (2) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. (B) A warranty under division (A) of this section will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have. (C) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Ohio Rev. Code § 1333.55 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.55
§ 1333.55. Disclosing tax information
Status: in_force

December 3, 1971 Senate Bill 51 - 109th General Assembly No person who engages in the business of preparing for others or assisting others to prepare any tax return or who has access to the records of a person, corporation, or firm engaging in such business shall disclose any information, including a name or address, obtained from or through any person in connection with the preparation of that person's tax return unless such disclosure is necessary to the preparation of the return, expressly authorized by law, pursuant to court order or subpoena, specifically consented to in writing by that person in a separate document, or necessary to contact that person in order to obtain his written consent to a disclosure. Whoever violates this section shall be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than six months nor more than one year.
Ohio Rev. Code § 1301.301 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.301
§ 1301.301. Territorial applicability; parties' power to choose applicable law - UCC 1-301
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Territorial applicability; parties' power to choose applicable law [UCC 1-301] (A) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. (B) In the absence of an agreement effective under division (A) of this section, and except as provided in division (C) of this section, Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code apply to transactions bearing an appropriate relation to this state. (C) If one of the following provisions of Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified: (1) Section 1302.43 of the Revised Code; (2) Sections 1310.03 and 1310.04 of the Revised Code; (3) Section 1304.02 of the Revised Code; (4) Section 1304.85 of the Revised Code; (5) Section 1305.15 of the Revised Code; (6) Section 1308.05 of the Revised Code; (7) Sections 1309.301 to 1309.307 of the Revised Code.
Ohio Rev. Code § 1345.99 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.99
§ 1345.99. Penalty
Status: in_force

May 11, 2018 Senate Bill 223, House Bill 52 - 132nd General Assembly (A) Whoever violates section 1345.23 or 1345.24 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates division (C) of section 1345.30 or division (D) of section 1345.76 of the Revised Code shall be fined not more than one thousand dollars. (C) Whoever knowingly violates division (E) of section 1345.02 or knowingly violates section 1345.18 of the Revised Code is guilty of a misdemeanor of the third degree for a first offense and a misdemeanor of the second degree for any subsequent offense. (D) Whoever recklessly violates section 1345.032 of the Revised Code shall be fined the following: (1) For the first violation, not more than one hundred dollars for each solicitation document distributed; (2) For any subsequent violation, not more than two hundred dollars for each solicitation document distributed. (E) Whoever negligently violates section 1345.022 of the Revised Code shall be fined not more than one thousand dollars. The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation. Disclaimer Contact About
Ohio Rev. Code § 1310.65 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.65
§ 1310.65. Lessee's damages for non-delivery, repudiation, default and breach of warranty in regard to accepted goods - UCC 2A-519
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) Except as otherwise provided in section 1310.50 of the Revised Code with respect to damages liquidated in the lease agreement or as otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under division (B) of section 1310.64 of the Revised Code or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value, as of the same date, of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (B) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. (C) Except as otherwise agreed, if the lessee has accepted goods and given notification as provided in division (C) of section 1310.62 of the Revised Code, the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (D) Except as otherwise agreed, the measure of damages for breach of warranty is the present value, at the time and place of acceptance, of the difference between the value of the use of the goods accepted and that value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
Ohio Rev. Code § 1317.08 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.08
§ 1317.08. Unenforceable retail installment contracts
Status: in_force

February 19, 2002 House Bill 229 - 124th General Assembly (A)(1) No retail installment contract that evidences an indebtedness greater than that allowed under sections 1317.06 , 1317.061 , 1317.062 , and 1317.07 of the Revised Code, and no retail installment contract in connection with which any charge prohibited by sections 1317.01 to 1317.11 of the Revised Code has been contracted for or received, shall be enforceable with respect to that excess indebtedness or charge against any retail buyer or any other person who as surety, indorser, guarantor, or otherwise is liable on the obligation created by any retail buyer on any retail installment contract. (2) No security interest created by any retail installment contract described in division (A)(1) of this section that is greater than that allowed under sections 1317.06 , 1317.07 , and 1317.071 of the Revised Code shall be enforceable with respect to that excess security interest against any retail buyer or any of the persons described in division (A)(1) of this section, in default under the terms of the retail installment contract. (B) In order for a retail buyer, or any of the persons described in division (A)(1) of this section that is liable on the retail buyer's obligation, to avail the retail buyer or other person of this section, the retail buyer or other person must prove that the retail seller or the holder of the retail installment contract has been notified in writing of the overcharge and has failed within ten days of such notification to advise the retail buyer of a full credit, or the retail buyer or other person must prove that the overcharge has been willful. A correction of any overcharge within sixty days of the date of making of the retail installment contract is conclusive proof of lack of willfulness. (C) This section applies to cases in which recovery is sought from the retail seller or holder of the retail installment contract. (D) If charges greater in amount than those provided for in sections 1317.01 to 1317.11 of the Revised Code are contracted for or received by the retail seller or the retail seller's agent, assignee, or successor in interest, the retail buyer or the retail buyer's assignee or successor in interest may recover the total amount of finance charges paid to the retail seller or the retail seller's agent, assignee, or successor in interest, in excess of the interest rate that otherwise would apply under section 1343.01 of the Revised Code.
Ohio Rev. Code § 1327.99 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.99
§ 1327.99. Penalty
Status: in_force

March 23, 2016 House Bill 131 - 131st General Assembly Whoever violates section 1327.501 or 1327.54 or division (A), (B), (C), (D), or (E) of section 1327.61 of the Revised Code or a rule adopted under sections 1327.46 to 1327.61 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; on each subsequent offense within seven years after the first offense, the person is guilty of a misdemeanor of the first degree. Disclaimer Contact About
Ohio Rev. Code § 1302.24 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.24
§ 1302.24. Options and cooperation respecting performance - UCC 2-311
Status: in_force

January 23, 1963 House Bill 1 - 105th General Assembly (A) An agreement for sale which is otherwise sufficiently definite as provided in division (C) of section 1302.07 of the Revised Code to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. (B) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer's option and except as otherwise provided in divisions (A)(3) and (C) of section 1302.32 of the Revised Code, specifications or arrangements relating to shipment are at the seller's option. (C) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies: (1) is excused for any resulting delay in his own performance; and (2) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Ohio Rev. Code § 1333.84 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.84
§ 1333.84. Prohibited acts
Status: in_force

July 30, 2013 Senate Bill 48 - 130th General Assembly Notwithstanding the terms of any franchise, no manufacturer or distributor engaged in the sale and distribution of alcoholic beverages, or a subsidiary of any such manufacturer, shall: (A) Fail to act in good faith or without just cause in acting or purporting to act under the terms of a franchise or in cancelling or failing to renew a franchise; (B) Award an additional franchise for the sale of the same brand within the same sales area or territory. No franchise prohibits a retail permit holder having permits at more than one location from buying from one or more B-2 or B-5 permit holders, even if all permit premises are not located in the same franchise area or territory. Nothing contained in this division shall be construed as modifying the provisions of section 4301.241 of the Revised Code. Nothing contained in this division precludes a manufacturer of wine from awarding a franchise, or requires a manufacturer of wine to award a franchise, for the sale of a new brand to any B-2 or B-5 permit holder. (C) Require a distributor to submit profit and loss statements, balance sheets, or financial records as a requirement to retain its franchise; (D) Without reasonable cause, withhold delivery of alcoholic beverages ordered by a distributor, or change or amend a distributor's quota of a manufacturer's product or brand; (E) Coerce a distributor by any means to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a manufacturer; (F) Refuse to recognize the rights of surviving partners, shareholders, or heirs and fail to act in good faith in accordance with reasonable standards for fair dealing, with respect to the distributor's right to sell, assign, transfer or otherwise dispose of the distributor's business, in all or in part, except that the distributor shall have no right to sell, assign, or transfer the franchise without the prior consent of the manufacturer, who shall not unreasonably withhold the manufacturer's consent. (G)(1) On and after the effective date of this amendment, do either of the following: (a) Award a distribution franchise or territory to itself, to a subsidiary, or to another entity in which it has any financial interest, directly or indirectly, by stock ownership, or through interlocking directors in a corporation, or otherwise, if that franchise, territory, or portion of that territory has been previously awarded, sold, assigned, or transferred to a distributor; (b) Acquire a franchise or territory if that franchise, territory, or portion of that territory has been previously awarded, sold, assigned, or transferred to a distributor. (2) Division (G)(1) of this section does not prohibit a manufacturer or subsidiary of a manufacturer from continuing to operate a distribution franchise or distribute alcoholic beverages within a designated territory if prior to the effective date of this amendment the manufacturer either acquired the distribution franchise or territory, or awarded the franchise or territory to itself or a subsidiary. (3) Division (G)(1) of this section does not, and shall not be construed to, limit the actions that may be taken in accordance with an A-1c permit under section 4303.022 of the Revised Code or a B-2a permit under section 4303.071 of the Revised Code. (4) Notwithstanding division (G)(1) of this section or any permit requirement under sections 4303.06 , 4303.07 , 4303.071 , 4303.08 , 4303.09 , and 4303.10 of the Revised Code, if a distribution franchise is canceled or territory is substantially changed by a manufacturer pursuant to either division (A)(1) or (2) of section 1333.85 of the Revised Code, the manufacturer may acquire or award itself the franchise or territory for not longer than one hundred eighty days from the date of cancellation. After the one hundred eighty day period, the manufacturer shall sell or transfer the franchise or territory to a distributor in which the manufacturer does not have any financial interest, directly or indirectly, by stock ownership, or through interlocking directors in a corporation, or otherwise.
Ohio Rev. Code § 1321.60 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.60
§ 1321.60. Advertising for general loans
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly (A) Advertising for loans subject to sections 1321.51 to 1321.60 of the Revised Code shall not be false, misleading, or deceptive. (B) In making any advertisement, a registrant shall comply with 12 C.F.R. 1026.16, as applicable. Last updated November 5, 2021 at 3:54 PM
Ohio Rev. Code § 1310.51 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.51
§ 1310.51. Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies - UCC 2A-505
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) On cancellation of the lease contract, all obligations that are still executory on all parties are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance. (B) On termination of the lease contract, all obligations that are still executory on all parties are discharged, but any right based on prior default or performance survives. (C) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default. (D) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under sections 1310.01 to 1310.78 of the Revised Code for default. (E) A rescission of the lease contract, a claim for rescission of the lease contract, or a rejection or return of the goods does not bar, and shall not be considered inconsistent with, a claim for damages or other right or remedy.
Ohio Rev. Code § 1333.25 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.25
§ 1333.25. Charges deducted from proceeds - disposition of surplus
Status: in_force

July 22, 1994 House Bill 530 - 120th General Assembly The person to whom charges are owed for services, labor, or storage described in sections 1333.22 and 1333.23 of the Revised Code shall do all of the following: (A) Deduct from the proceeds of a sale the charges owed plus the costs of notifying the owner of the garment, clothing, wearing apparel, or household goods under sections 1333.22 to 1333.24 of the Revised Code; (B) Hold any surplus arising from the sale subject to the order of the owner; (C) Immediately after the sale, mail by ordinary mail to the owner at his mailing address, if that address was given at the time the person received the garment, clothing, wearing apparel, or household goods from the owner and is accurate and complete or can be ascertained by reasonable effort, a notice of the sale and of the amount of any surplus due him; (D) At any time within twelve months after the mailing of that notice, upon demand by the owner, pay to the owner the amount of any surplus due him.
Ohio Rev. Code § 1304.39 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.39
§ 1304.39. Responsibility of presenting bank for documents and goods - report of reasons for dishonor - referee in case of need - UCC 4-503
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly Unless otherwise instructed and except as provided in sections 1305.01 to 1305.16 of the Revised Code, both of the following apply to a bank presenting a documentary draft: (A) The bank must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment or only on payment if it is not payable more than three days after presentment. (B) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, the bank may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it shall use diligence and good faith to ascertain the reason for dishonor, shall notify its transferor of the dishonor and of the results of its effort to ascertain the reasons for the dishonor, and shall request instructions. However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received. It has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.
Ohio Rev. Code § 1319.06 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.06
§ 1319.06. Husband and wife must join in chattel mortgage on household property
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No husband or wife shall create any lien by chattel mortgage or otherwise upon any personal household property owned by either or both of them, without the joint consent of both husband and wife. No such mortgage is valid unless executed by both husband and wife. This section does not apply to any mortgage or lien for the purchase price of such property.
Ohio Rev. Code § 1355.05 — Ohio Revised Code / Title 13 / Chapter 1355 / § 1355.05
§ 1355.05. Terms of participation in sandbox
Status: in_force

March 14, 2023 Senate Bill 249 - 134th General Assembly (A) If the superintendent of financial institutions approves an application for entry into the regulatory sandbox, the applicant is considered a sandbox participant and the superintendent shall issue the sandbox participant a license number. (B) The superintendent and sandbox participant shall enter into an agreement regarding the scope of the sandbox participant's test including any restrictions or limits on testing such as the number of consumers permitted to use the novel financial product or service and any dollar limits. (C) The sandbox participant may test the novel financial product or service for a period of twenty-four months following the date of approval, unless the sandbox participant and superintendent agree to a shorter period of time. A sandbox participant may opt out of the sandbox prior to the expiration of the testing period. If a sandbox participant opts out early, it must comply with the requirements of section 1355.07 of the Revised Code. (D) This section does not restrict a sandbox participant that holds another license or authorization from acting pursuant to and in accordance with that other license or authorization. A sandbox participant that holds another license or authorization may continue to operate in accordance with that license or authorization with regard to financial products or services that are not the novel financial product or service being tested in the regulatory sandbox. (E) Except as otherwise provided in this chapter, a sandbox participant is not subject to state laws that establish requirements pursuant to a license or authorization issued by an applicable agency that otherwise would or may regulate a novel financial product or service. (F) The superintendent may determine that certain state laws that regulate a financial product or service apply to a sandbox participant. If the superintendent makes this determination and approves an application for entry into the regulatory sandbox, the superintendent shall notify the sandbox participant of the specific state regulatory laws that will apply to the sandbox participant. (G) The superintendent may require applicants and sandbox participants to utilize a multistate licensing system in accordance with section 1181.23 of the Revised Code in complying with this chapter. (H) It is the intent of the general assembly that a sandbox participant is deemed to possess an appropriate license under the laws of this state for purposes of any provision of federal law requiring state licensure or authorization. Last updated January 17, 2023 at 5:45 PM
Ohio Rev. Code § 1351.04 — Ohio Revised Code / Title 13 / Chapter 1351 / § 1351.04
§ 1351.04. Terms that may not be required
Status: in_force

June 29, 1988 House Bill 421 - 117th General Assembly A lessor shall not require any of the following from a lessee: (A) The purchase of insurance from the lessor for property that is the subject of a lease-purchase agreement; (B) Any payment in addition to the number of lease payments specified in the lease-purchase agreement other than the payment described in division (B) of section 1351.06 of the Revised Code, that is required in order for the lessee to acquire ownership of the leased property; (C) Lease payments that in the aggregate exceed the maximum permissible amount set forth in section 1351.06 of the Revised Code; (D) A penalty for early termination of a lease-purchase agreement or for the return of any leased property at any time; (E) A fee for in-home collection of a lease payment unless the amount of the fee is disclosed and the lessee expressly has agreed to pay the fee.
Ohio Rev. Code § 1310.06 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.06
§ 1310.06. Unconscionability - UCC 2A-108
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) If a court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, may enforce the remainder of the lease contract without the unconscionable clause, or may so limit the application of the unconscionable clause as to avoid any unconscionable result. (B) With respect to a consumer lease, if a court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief. (C) Before making a finding of unconscionability under division (A) or (B) of this section, a court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract, a clause of the lease contract, or the conduct of the parties. (D) In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply: (1) If the court finds unconscionability under division (A) or (B) of this section, the court shall award reasonable attorney's fees to the lessee. (2) If the court does not find unconscionability under division (A) or (B) of this section and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made. (3) In determining reasonable attorney's fees, the amount of the recovery on behalf of the claimant under division (A) or (B) of this section is not controlling.
Ohio Rev. Code § 1303.01 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.01
§ 1303.01. Definitions - UCC 3-103
Status: in_force

April 6, 2017 House Bill 463 - 131st General Assembly (A) As used in this chapter, unless the context otherwise requires: (1) "Acceptor" means a drawee who has accepted a draft. (2) "Consumer account" means an account established by an individual primarily for personal, family, or household purposes. (3) "Consumer transaction" means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes. (4) "Drawee" means a person ordered in a draft to make payment. (5) "Drawer" means a person who signs or is identified in a draft as a person ordering payment. (6) "Good faith" has the same meaning as in section 1301.201 of the Revised Code. (7) "Issue" means the first delivery of an instrument by the maker or drawer to a holder or nonholder for the purpose of giving rights of the instrument to any person. (8) "Issuer" means a maker or drawer of an issued or unissued instrument. (9) "Maker" means a person who signs or is identified in a note as a person undertaking to pay. (10) "Order" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. "Order" does not mean an authorization to pay unless the person authorized to pay also is instructed to pay. (11) "Ordinary care" in the case of a person engaged in business means observance of the reasonable commercial standards that are prevailing in the area in which the person is located with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures, and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this chapter or Chapter 1304. of the Revised Code. (12) "Party" means a party to an instrument. (13) "Principal obligor," with respect to an instrument, means the accommodated party or any other party to the instrument against whom a secondary obligor has recourse under this chapter. (14) "Promise" means a written undertaking to pay money that is signed by the person undertaking to pay. "Promise" does not include an acknowledgment of an obligation by the obligor unless the obligor also undertakes to pay the obligation. (15) "Prove," with respect to a fact, means to meet the burden of establishing the fact. (16) "Remitter" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. (17) "Remotely-created consumer item" means an item drawn on a consumer account, which is not created by the payor bank and does not bear a handwritten signature purporting to be the signature of the drawer. (18) "Secondary obligor," with respect to an instrument, means any of the following: (a) An indorser or an accommodation party; (b) A drawer having the obligation described in division (D) of section 1303.54 of the Revised Code; (c) Any other party to the instrument that has recourse against another party to the instrument pursuant to division (B) of section 1303.14 of the Revised Code. (B) As used in this chapter: (1) "Acceptance" has the same meaning as in section 1303.46 of the Revised Code. (2) "Accommodation party" and "accommodated party" have the same meanings as in section 1303.59 of the Revised Code. (3) "Account" has the same meaning as in section 1304.01 of the Revised Code. (4) "Alteration" has the same meaning as in section 1303.50 of the Revised Code. (5) "Anomalous indorsement," "blank indorsement," and "special indorsement" have the same meanings as in section 1303.25 of the Revised Code. (6) "Certificate of deposit," "cashier's check," "check," "draft," "instrument," "negotiable instrument," "note," "teller's check," and "traveler's check" have the same meanings as in section 1303.03 of the Revised Code. (7) "Certified check" has the same meaning as in section 1303.46 of the Revised Code. (8) "Consideration" and "value" have the same meanings as in section 1303.33 of the Revised Code. (9) "Holder in due course" has the same meaning as in section 1303.32 of the Revised Code. (10) "Incomplete instrument" has the same meaning as in section 1303.11 of the Revised Code. (11) "Indorsement" and "indorser" have the same meanings as in section 1303.24 of the Revised Code. (12) "Negotiation" has the same meaning as in section 1303.21 of the Revised Code. (13) "Payable at a definite time" and "payable on demand" have the same meanings as in section 1303.07 of the Revised Code. (14) "Payable to bearer" and "payable to order" have the same meanings as in section 1303.10 of the Revised Code. (15) "Payment" has the same meaning as in section 1303.67 of the Revised Code. (16) "Person entitled to enforce" has the same meaning as in section 1303.31 of the Revised Code. (17) "Presentment" has the same meaning as in section 1303.61 of the Revised Code. (18) "Reacquisition" has the same meaning as in section 1303.27 of the Revised Code. (19) "Transfer of instrument" has the same meaning as in section 1303.22 of the Revised Code. (C) As used in this chapter, "banking day," "clearing house," "collecting bank," "customer," "depositary bank," "documentary draft," "intermediary bank," "item," "midnight deadline," "payor bank," and "suspends payments" have the same meanings as in section 1304.01 of the Revised Code. (D) In addition, Chapter 1301. of the Revised Code contains general definitions and general principles of construction and interpretation applicable throughout this chapter.
Ohio Rev. Code § 1301.305 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.305
§ 1301.305. Remedies to be liberally administered - UCC 1-305
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Remedies to be liberally administered [UCC 1-305] (A) The remedies provided by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in those chapters or by other rule of law. (B) Any right or obligation declared by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code is enforceable by action unless the provision declaring it specifies a different and limited effect.
Ohio Rev. Code § 1317.05 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.05
§ 1317.05. Insurance provisions; debt cancellation or debt suspension products
Status: in_force

September 30, 2025 House Bill 96 - 136th General Assembly (A) Any retail seller who, in any retail installment contract, has agreed to purchase insurance for the retail buyer and to extend credit for the price thereof, excluding single interest insurance, shall, prior to the due date of the first installment of the retail installment contract, deliver to the retail buyer personally, or mail or cause to be mailed to the retail buyer at the retail buyer's address as shown on the retail installment contract, the policy of insurance, or in lieu thereof a certificate of insurance, or the retail buyer is not liable on the retail buyer's retail installment contract until the policy, or certificate of insurance, is received, or full refund is made of the insurance premium. If the premium for insurance of like kind and amount, as fixed in the published manual of a recognized standard rating bureau designated by the retail seller, is less than the amount charged the retail buyer as fixed in the written instrument in compliance with division (D) of section 1317.04 of the Revised Code, the retail buyer may deduct an amount equal to three times the difference from the amount owed the retail seller, or the retail seller's successor in interest. Sections 1317.01 to 1317.11 of the Revised Code do not impair the authority of the superintendent of insurance to grant, renew, or revoke licenses, nor do said sections authorize anyone other than a licensee of the division of insurance to directly or indirectly receive any part of the amount charged for insurance in connection with any retail installment sale. (B) As used in this division, "debt cancellation or debt suspension product" means a contractual agreement in which a retail seller, or its assignee, agrees for a separate charge to cancel or waive all or a part of amounts due on a retail buyer's retail installment contract in the event of a total physical damage loss or unrecovered theft of the motor vehicle that is the subject of the contract. "Debt cancellation or debt suspension product" includes a guaranteed asset protection waiver, guaranteed auto protection waiver, or other similarly named agreement. A "debt cancellation or debt suspension product" may also provide, with or without a separate charge, a benefit that waives an amount, or provides a borrower with a credit, towards the purchase of a replacement motor vehicle. A debt cancellation or debt suspension product, and an addendum to a retail installment contract containing a debt cancellation or debt suspension product, shall be considered a part of the retail installment contract and shall remain a part of that contract upon the assignment, sale, or transfer of that contract. The charge for any optional debt cancellation or debt suspension product shall be listed as a specific good and shall not be considered a finance charge or interest. The purchase price and the terms of the debt cancellation or debt suspension product shall be disclosed in writing to the buyer. The extension of credit, terms of the credit, or the terms of the related motor vehicle sale or lease shall not be conditioned on the purchase of the debt cancellation or debt suspension product. Notwithstanding any other provision of law, a debt cancellation or debt suspension product shall not be considered insurance. (C) Single interest insurance shall be listed as a specific good in a retail installment contract. (D) As used in this section, "single interest insurance" means insurance that covers only the interest of the holder of the retail installment contract. Last updated July 24, 2025 at 3:59 PM
Ohio Rev. Code § 1333.27 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.27
§ 1333.27. Civil action for unpaid charges
Status: in_force

July 22, 1994 House Bill 530 - 120th General Assembly Nothing in sections 1333.22 to 1333.28 of the Revised Code prohibits any person from commencing a civil action to collect unpaid charges for services, labor, or storage described in section 1333.22 or 1333.23 of the Revised Code from the owner of any garment, clothing, wearing apparel, or household goods who is responsible for the unpaid charges, except that the proceeds of any sale conducted pursuant to sections 1333.22 to 1333.25 of the Revised Code, after deduction of the notification costs described in those sections, shall be credited against the unpaid charges. If a sale of that type is conducted prior to entry of a judgment in a civil action of that type, the court shall enter a judgment only for the balance of the unpaid charges after crediting the proceeds of the sale in the manner described in this section.
Ohio Rev. Code § 1337.092 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.092
§ 1337.092. Personal liability
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly (A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative capacity of the attorney in fact, the attorney in fact is not personally liable on the contract, unless the contract otherwise specifies. If the words or initialism "attorney in fact," "as attorney in fact," "AIF," "power of attorney," "POA," or any other word or words or initialism indicating representative capacity as an attorney in fact are included in a contract following the name or signature of an attorney in fact, the inclusion is sufficient disclosure for purposes of this division that the contract is being entered into in the attorney in fact's representative capacity as attorney in fact. (B) An attorney in fact is not personally liable for a debt of the attorney in fact's principal, unless one or more of the following applies: (1) The attorney in fact agrees to be personally responsible for the debt. (2) The debt was incurred for the support of the principal, and the attorney in fact is liable for that debt because of another legal relationship that gives rise to or results in a duty of support relative to the principal. (3) The negligence of the attorney in fact gave rise to or resulted in the debt. (4) An act of the attorney in fact that was beyond the attorney in fact's authority gave rise to or resulted in the debt. (5) An agreement to assist in the recovery of funds under section 169.13 of the Revised Code was the subject of the power of attorney that gave rise to or resulted in the debt. (C) This section applies but is not limited to, and the terms "power of attorney" and "attorney in fact" include but are not limited to, an agency agreement and an agent under an agency agreement.
Ohio Rev. Code § 1310.22 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.22
§ 1310.22. Cumulation and conflict of warranties express or implied - UCC 2A-215
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly Express or implied warranties shall be construed as consistent with each other and as cumulative, but, if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply: (A) Exact or technical specifications displace an inconsistent sample or model or general language of description. (B) A sample from an existing bulk displaces inconsistent general language of description. (C) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Ohio Rev. Code § 1345.92 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.92
§ 1345.92. Repair is unsuccessful or untimely
Status: in_force

October 31, 1996 House Bill 39 - 121st General Assembly (A) As used in this section: (1) "Current lease value" means the sum of the following: (a) The total amount the consumer was obligated to pay under a lease for the period from the date the lease is terminated to the end of the lease period originally agreed to; (b) The supplier's expenses incurred in terminating the lease prior to its agreed-to expiration and returning the assistive device to the manufacturer, plus any prepayment penalties under a financing agreement; (c) The value of the assistive device at the lease expiration date if the lease sets forth that value. (2) "Reasonable allowance for use" means an amount not to exceed the amount obtained by multiplying the total purchase or lease price by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days the consumer used the assistive device before first notifying the manufacturer or supplier of the defect. (B) For the purpose of this section, any acquisition of an assistive device other than pursuant to a lease shall be treated as a purchase. (C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do one of the following: (1)(a) If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use; (b) If the device was leased, accept return of the assistive device and refund to the consumer any amount the consumer paid under the lease plus collateral costs, less a reasonable allowance for use. The consumer's return of the assistive device to the manufacturer or supplier under this division terminates the lease. (2) Replace the assistive device with a comparable new assistive device within thirty days after the consumer offers to return the defective assistive device. When the manufacturer or supplier provides the new assistive device, the consumer shall return the defective assistive device to the manufacturer along with any endorsements necessary to transfer legal possession. (D) If the supplier attempts to repair an assistive device under the manufacturer's warranty, the manufacturer shall reimburse the supplier any costs reasonably incurred by the supplier in making or attempting to make the repair. If a consumer receives a refund under division (C)(1)(b) of this section, the manufacturer shall refund to the supplier and to the holder of any perfected security interest in the assistive device, as their interest may appear, the current value of the written lease, less any expenses or obligations the supplier avoids as a result of the early termination of the lease. If the supplier provides a new assistive device or a refund under division (C)(1)(a) of this section to the consumer, the manufacturer shall refund to the supplier an amount equal to the supplier's purchase price and any costs reasonably incurred by the supplier in the supplier's attempt to repair the assistive device. To receive the refund, the supplier shall return the defective assistive device to the manufacturer. The manufacturer shall provide the refund to the supplier on receipt of the assistive device. When the manufacturer provides the refund, the supplier shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
Ohio Rev. Code § 1307.306 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.306
§ 1307.306. Altered bills of lading - UCC 7-306
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Altered bills of lading [UCC 7-306] An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
Ohio Rev. Code § 1334.01 — Ohio Revised Code / Title 13 / Chapter 1334 / § 1334.01
§ 1334.01. Business opportunity plan definitions
Status: in_force

September 28, 2012 Senate Bill 196 - 129th General Assembly As used in sections 1334.01 to 1334.15 of the Revised Code: (A) "Seller" means a person who sells or leases a business opportunity plan. (B) "Purchaser" means a person to whom a business opportunity plan is sold or leased. (C) "Broker" means a person, other than a seller, who sells or leases, offers for sale or lease, or arranges for the sale or lease of a business opportunity plan for a commission, fee, or anything of value. (D) "Business opportunity plan" means an agreement in which a purchaser obtains the right to offer, sell, or distribute goods or services under all of the following conditions: (1) The goods or services are supplied by the seller, a third person with whom the purchaser is required or advised to do business by the seller, or an affiliated person. (2) The purchaser is required to make an initial payment greater than five hundred dollars, but less than one hundred thousand dollars, to the seller or an affiliated person to begin or maintain the business opportunity plan. (3) The seller makes any of the following representations: (a) That the purchaser will be provided with retail outlets or accounts, or assistance in establishing retail outlets or accounts, for the sale or distribution of the goods or services; (b) That the purchaser will be provided locations, or assistance in finding locations, for vending machines, electronic games, rack displays, or any other equipment or display for use in the sale or distribution of the goods or services; (c) That the purchaser can earn a profit in excess of the initial payment; (d) That there is a market for the goods or services; (e) That there is a buy-back arrangement. (E) "Person" means an individual, corporation, business trust, estate, trust, limited or general partnership, association, or other business entity. (F) "Affiliated person" means a person who is described by any of the following: (1) Controls, is controlled by, or is under common control with, a seller; (2) Owns, controls, or holds, with the power to vote, ten per cent or more of the outstanding voting securities of a seller; (3) Has, in common with the seller, one or more partners, officers, directors, trustees, branch managers, or other persons who perform management or policy functions. (G) "Initial payment" means the total amount a purchaser is obligated to pay prior to or during the first six months after commencing operation of the business opportunity plan. If an agreement sets forth a specific total sale price for purchase of a business opportunity plan, which is to be paid in one or more installments, "initial payment" means the entire total sale price. "Initial payment" also includes the full amount of any promissory note given by a purchaser, or an affiliated person, to the seller, or an affiliated person, prior to or during the first six months after commencing operation of the business opportunity plan. "Initial payment" does not include purchases at bona fide wholesale prices of reasonable quantities of goods or services for resale or lease. "Initial payment" also does not include any payment for sales demonstration equipment and materials, so long as all of the following apply: (1) The seller or an affiliated person furnishes the sales demonstration equipment and materials to the purchaser at cost, and does not realize any profit, commission, fee, rebate, or other benefit from furnishing the equipment and materials. (2) The total price of the sales demonstration equipment and materials is less than five hundred dollars. (3) The sales demonstration equipment and materials are for use in making sales, and are not for resale. (H) "Business day" means any calendar day that is not Sunday or a legal holiday. "Legal holiday" has the same meaning as in section 1.14 of the Revised Code. (I) "Buy-back arrangement" means that the seller, an affiliated person, or other person will do either of the following: (1) Refund the initial payment or return the promissory note upon termination or nonrenewal of the business opportunity plan; (2) Purchase any finished goods that the purchaser makes, produces, fabricates, grows, or breeds utilizing the goods or services supplied by the seller or other person enumerated in division (D)(1) of this section.
Ohio Rev. Code § 1322.04 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.04
§ 1322.04. Applicability of RMLA
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly This chapter does not apply to any of the following: (A) Any entity chartered and lawfully doing business under the authority of any law of this state, another state, or the United States as a bank, savings bank, trust company, savings and loan association, or credit union, or a subsidiary of any such entity, which subsidiary is regulated by a federal banking agency and is owned and controlled by a depository institution; (B) A consumer reporting agency that is in substantial compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, as amended; (C) Any political subdivision, or any governmental or other public entity, corporation, instrumentality, or agency, in or of the United States or any state; (D) A college or university, or controlled entity of a college or university, as those terms are defined in section 1713.05 of the Revised Code; (E) Any entity created solely for the purpose of securitizing loans secured by an interest in real estate, provided the entity does not service the loans. As used in this division, "securitizing" means the packaging and sale of mortgage loans as a unit for sale as investment securities, but only to the extent of those activities. (F) Any person engaged in the retail sale of manufactured homes, mobile homes, or industrialized units, including a manufactured home park operator, as defined in section 4781.01 of the Revised Code, if, in connection with obtaining financing by others for those retail sales, the person does not do any of the following: (1) Offer or negotiate the residential mortgage loan rates or terms; (2) Fail to give a borrower written disclosure of any corporate affiliation the person has with any lender, or fail to refer a borrower to at least one unaffiliated lender if the person recommends a lender with which the person has a corporate affiliation; (3) Receive any compensation or gain from any company or individual for assisting the borrower to obtain or apply for financing to purchase the manufactured home, mobile home, or industrialized unit. (G) A bona fide nonprofit organization; (H) A credit union service organization, provided that the organization utilizes services provided by registered mortgage loan originators or that it holds a valid letter of exemption issued by the superintendent of financial institutions under division (B)(1) of section 1322.05 of the Revised Code. (I) A depository institution not otherwise required to be licensed under this chapter that voluntarily makes a filing on the nationwide mortgage licensing system and registry as an exempt entity for the purpose of licensing loan originators exclusively associated with the institution and that holds a valid letter of exemption issued by the superintendent pursuant to division (B)(1) of section 1322.05 of the Revised Code. Last updated June 22, 2021 at 1:08 PM
Ohio Rev. Code § 1345.10 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.10
§ 1345.10. Final judgment admissible as prima facie evidence
Status: in_force

July 14, 1972 House Bill 103 - 109th General Assembly (A) With the exception of consent judgments entered before any testimony is taken, a final judgment against a supplier under section 1345.07 of the Revised Code is admissible as prima-facie evidence of the facts on which it is based in subsequent proceedings under section 1345.09 of the Revised Code against the same supplier, or his successors or assigns. (B) An action by or on behalf of a consumer pursuant to section 1345.09 of the Revised Code precludes that consumer from being included in a later class action by the attorney general with respect to the same transaction, but intervention by the attorney general in a pending action is authorized. If the attorney general brings a class action on behalf of consumers, a consumer may withdraw from the class action prior to trial, or, with the permission of the court, at any time. (C) An action under sections 1345.01 to 1345.13 of the Revised Code may not be brought more than two years after the occurrence of the violation which is the subject of suit, or more than one year after the termination of proceedings by the attorney general with respect to the violation, whichever is later. However, an action under sections 1345.01 to 1345.13 of the Revised Code arising out of the same consumer transaction can be used as a counterclaim whenever a supplier sues a consumer on an obligation arising from the consumer transaction.
Ohio Rev. Code § 1349.82 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.82
§ 1349.82. Violation of RC 1349.81
Status: in_force

September 30, 2011 Senate Bill 84 - 129th General Assembly A violation of division (A) of section 1349.81 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.
Ohio Rev. Code § 1311.07 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.07
§ 1311.07. Copy of affidavit to be served on owner or lessee
Status: in_force

April 10, 1991 House Bill 238 - 118th General Assembly Any person filing an affidavit pursuant to section 1311.06 of the Revised Code shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit. If the affidavit cannot be served in accordance with section 1311.19 of the Revised Code, then the person shall serve the copy by posting it in some conspicuous place on the premises of the improved property within ten days after the expiration of the thirty days.
Ohio Rev. Code § 1321.422 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.422
§ 1321.422. Short-term loan licensee recordkeeping; annual reports
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly (A) Every licensee shall keep and use in the licensee's business such books, accounts, records, and loan documents as will enable the division of financial institutions to determine whether the licensee is complying with sections 1321.35 to 1321.48 of the Revised Code and with the orders and rules made by the division under those sections. Such books, accounts, records, and loan documents shall be segregated from those pertaining to transactions that are not subject to sections 1321.35 to 1321.48 of the Revised Code. Every licensee shall preserve the books, accounts, records, and loan documents pertaining to loans made under sections 1321.35 to 1321.48 of the Revised Code for at least two years after making the final entry on, or final revision of any loan document relative to, any loan recorded therein. Accounting systems maintained in whole or in part by mechanical or electronic data processing methods that provide information equivalent to that otherwise required are acceptable for this purpose. (B)(1) As required by the superintendent of financial institutions, each licensee shall file with the division each year a report under oath or affirmation, on forms supplied by the division, concerning the business and operation for the preceding calendar year. If a licensee has more than one place of business in this state, the licensee shall furnish a report for each location. (2) The division shall publish annually and make available to the public an analysis of the information required under division (B)(1) of this section, but the individual reports shall not be public records and shall not be open to public inspection. The published analysis shall include all of the following: (a) The total number of borrowers, loans, defaulted loans, and charged-off loans and the total dollar value of the charged-off loans; (b) The average loan size, average contracted and average experienced annual percentage rate, average charges per loan, total contracted loan charges, and total loan charges actually paid; (c) The total number of check collection charges and the total dollar value of those charges; (d) The total number of licensee business locations and the average number of borrowers per location; (e) Any other nonprivate information determined by the superintendent. Last updated November 5, 2021 at 4:19 PM
Ohio Rev. Code § 1308.24 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.24
§ 1308.24. Control - UCC 8-106
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A purchaser has "control" of a certificated security in bearer form if the certificated security is delivered to the purchaser. (B) A purchaser has "control" of a certificated security in registered form if the certificated security is delivered to the purchaser, and: (1) The certificate is indorsed to the purchaser or in blank by an effective indorsement; or (2) The certificate is registered in the name of the purchaser, upon original issue or registration of transfer by the issuer. (C) A purchaser has "control" of an uncertificated security if: (1) The uncertificated security is delivered to the purchaser; or (2) The issuer has agreed that it will comply with instructions originated by the purchaser without further consent by the registered owner. (D) A purchaser has "control" of a security entitlement if: (1) The purchaser becomes the entitlement holder; or (2) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder; or (3) Another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges having control on behalf of the purchaser. (E) If an interest in a security entitlement is granted by the entitlement holder to the entitlement holder's own securities intermediary, the securities intermediary has control. (F) A purchaser who has satisfied the requirements of division (C) or (D) of this section has control even if the registered owner in the case of division (C) of this section or the entitlement holder in the case of division (D) of this section retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement. (G) An issuer or a securities intermediary may not enter into an agreement of the kind described in division (C)(2) or (D)(2) of this section without the consent of the registered owner or entitlement holder, but an issuer or a securities intermediary is not required to enter into such an agreement even though the registered owner or entitlement holder so directs. An issuer or securities intermediary that has entered into such an agreement is not required to confirm the existence of the agreement to another party unless requested to do so by the registered owner or entitlement holder.
Ohio Rev. Code § 1337.14 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.14
§ 1337.14. Revocation
Status: in_force

October 29, 2003 House Bill NO72 - 125th General Assembly (A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it. The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by the principal, a witness to the revocation, or other health care personnel to whom the revocation is communicated by such a witness. Absent actual knowledge to the contrary, the attending physician of the principal and other health care personnel who are informed of the revocation of a durable power of attorney for health care by an alleged witness may rely on the information and act in accordance with the revocation. (B) Upon the communication as described in division (A) of this section to the attending physician of a principal of the fact that the principal's durable power of attorney for health care has been revoked, the attending physician or other health care personnel acting under the direction of the attending physician shall make the fact a part of the principal's medical record. (C) Unless the instrument provides otherwise, a valid durable power of attorney for health care revokes a prior, valid durable power of attorney for health care. (D) Regardless of when the declaration is drafted, the execution of a declaration for mental health treatment does not revoke a valid durable power of attorney for health care. A declaration for mental health treatment executed in accordance with Chapter 2135. of the Revised Code supersedes a valid durable power of attorney for health care with regard to mental health treatment and the designation of a proxy to make decisions regarding mental health treatment.
Ohio Rev. Code § 1312.03 — Ohio Revised Code / Title 13 / Chapter 1312 / § 1312.03
§ 1312.03. Notice of contractor's right to resolve alleged defects
Status: in_force

May 27, 2005 House Bill 175 - 125th General Assembly Upon entering into a contract for the construction or the substantial rehabilitation of a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the notice as a separate document delivered at the time the owner signs the contract. The notice shall be conspicuous and in substantially the following form: OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.
Ohio Rev. Code § 1303.33 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.33
§ 1303.33. Value and consideration - UCC 3-303
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) An instrument is issued or transferred for value if any of the following apply: (1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed. (2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding. (3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due. (4) The instrument is issued or transferred in exchange for a negotiable instrument. (5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument. (B) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in division (A) of this section, the instrument is also issued for consideration.
Ohio Rev. Code § 1345.48 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.48
§ 1345.48. Deceptive acts or practices - damages
Status: in_force

September 22, 1976 Senate Bill 157 - 111th General Assembly (A) Failure to comply with sections 1345.41 to 1345.50 of the Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code. (B) If the seller of a prepaid entertainment contract fails to comply with division (D) (4) (a) of section 1345.44 of the Revised Code, the buyer may recover the amount of money due to him under that section and, in addition, may recover damages in an amount equal to the amount of money due to him and reasonable attorney's fees.
Ohio Rev. Code § 1346.06 — Ohio Revised Code / Title 13 / Chapter 1346 / § 1346.06
§ 1346.06. Nonparticipating manufacturer to appoint agent
Status: in_force

September 26, 2003 House Bill 95 - 125th General Assembly (A)(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families included or retained in the directory developed and published by the attorney general under section 1346.05 of the Revised Code, shall appoint, and continually engage without interruption the services of, an agent in the state to act as agent for the service, in any manner authorized by law, of all process pertaining to any action or proceeding in the courts of this state against the manufacturer concerning or arising out of the enforcement of this chapter. (2) Service on a nonparticipating manufacturer's agent shall constitute legal and valid service of process on the manufacturer. (3) A nonparticipating manufacturer shall provide the attorney general, to the satisfaction of the attorney general, with proof of the appointment of, and notice of the name, address, telephone number, and availability of, the manufacturer's agent. (B)(1) If a nonparticipating manufacturer decides to terminate its agent's appointment, the manufacturer shall provide notice of the termination to the attorney general thirty calendar days prior to the termination and shall provide proof, to the satisfaction of the attorney general, of the appointment of a new agent not less than five calendar days prior to the termination. (2) If a nonparticipating manufacturer's agent terminates the agent's appointment, the manufacturer shall provide notice of the termination to the attorney general and include proof, to the satisfaction of the attorney general, of the appointment of a new agent within five calendar days of the termination. (C)(1) Any nonparticipating manufacturer whose cigarettes are sold in the state and who has not appointed and continually engaged an agent in accordance with divisions (A) and (B) of this section shall be deemed to have appointed the secretary of state as the manufacturer's agent and may be proceeded against in any action or proceeding in the courts of the state described in division (A) of this section by service of process on the secretary of state. (2) The deemed appointment of the secretary of state as a nonparticipating manufacturer's agent does not satisfy the requirements of divisions (A)(3)(b) and (B)(1) of section 1346.05 of the Revised Code that a nonparticipating manufacturer that has not registered to do business in the state shall appoint an agent for service of process as a condition precedent to the existence of an accurate certification permitting the manufacturer's brand families to be included or retained in the directory.
Ohio Rev. Code § 1306.04 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.04
§ 1306.04. Applicability - agreements
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly (A) Sections 1306.01 to 1306.23 of the Revised Code do not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (B) Sections 1306.01 to 1306.23 of the Revised Code apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (C) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this division may not be waived by agreement. (D) Except as otherwise provided in sections 1306.01 to 1306.23 of the Revised Code, any of the provisions of such sections may be varied by agreement. The presence in certain provisions of sections 1306.01 to 1306.23 of the Revised Code of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (E) Whether an electronic record or electronic signature has legal consequences is determined by sections 1306.01 to 1306.23 of the Revised Code and other applicable law.
Ohio Rev. Code § 1304.65 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.65
§ 1304.65. Rejection of payment order - UCC 4A-210
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order, any means complying with the agreement is reasonable, and any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means. (B) This division applies if a receiving bank other than the beneficiary's bank fails to execute a payment order despite the existence on the execution date of a withdrawable credit balance in an authorized account of the sender sufficient to cover the order. If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank shall pay interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to division (D) of section 1304.66 of the Revised Code or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest is reduced accordingly. (C) If a receiving bank suspends payments, all unaccepted payment orders issued to it are deemed rejected at the time the bank suspends payments. (D) Acceptance of a payment order precludes a later rejection of the order. Rejection of a payment order precludes a later acceptance of the order.
Ohio Rev. Code § 1319.02 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.02
§ 1319.02. Enforcing commitment to pay attorneys' fees in commercial contract of indebtedness
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) As used in this section: (1) "Contract of indebtedness" means a note, bond, mortgage, conditional sale contract, retail installment contract, lease, security agreement, or other written evidence of indebtedness, other than indebtedness incurred for purposes that are primarily personal, family, or household. (2) "Commitment to pay attorneys' fees" means an obligation to pay attorneys' fees that arises in connection with the enforcement of a contract of indebtedness. (3) "Maturity of the debt" includes maturity upon default or otherwise. (B) If a contract of indebtedness includes a commitment to pay attorneys' fees, and if the contract is enforced through judicial proceedings or otherwise after maturity of the debt, a person that has the right to recover attorneys' fees under the commitment, at the option of that person, may recover attorneys' fees in accordance with the commitment, to the extent that the commitment is enforceable under divisions (C) and (D) of this section. (C) A commitment to pay attorneys' fees is enforceable under this section only if the total amount owed on the contract of indebtedness at the time the contract was entered into exceeds one hundred thousand dollars. (D) A commitment to pay attorneys' fees is enforceable only to the extent that it obligates payment of a reasonable amount. In determining the amount of attorneys' fees that is reasonable, all relevant factors shall be considered, including but not limited to, the nature of the services rendered, the time expended in rendering the services, the amount of money and the value of the property affected, and the professional skill and expertise of the attorney or attorneys rendering the services. Unless a court has been requested to make a determination of the amount of attorneys' fees that is reasonable and finds to the contrary by a preponderance of the evidence, the following are deemed reasonable amounts: (1) If the commitment to pay attorneys' fees is based upon a specific percentage of the total principal, interest, and other charges owed on the contract of indebtedness, the percentage of the total so owed as specified in the contract of indebtedness; (2) If the commitment to pay attorneys' fees is not based upon a specific percentage of the total principal, interest, and other charges owed on the contract of indebtedness, an amount equal to the attorneys' fees customarily charged by the attorney or attorneys rendering the services.
Ohio Rev. Code § 1349.01 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.01
§ 1349.01. Responsible party fails to obtain health insurance
Status: in_force

December 13, 2002 House Bill 657 - 124th General Assembly (A) As used in this section: (1) "Consumer reporting agency" has the same meaning as in the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a. (2) "Court" means the division of the court of common pleas having jurisdiction over actions for divorce, annulment, dissolution of marriage, legal separation, child support, or spousal support. (3) "Health insurance coverage" means hospital, surgical, or medical expense coverage provided under any health insurance or health care policy, contract, or plan or any other health benefits arrangement. (4) "Provider" has the same meaning as in section 3902.11 of the Revised Code. (B) If, pursuant to an action for divorce, annulment, dissolution of marriage, or legal separation, the court determines that a party who is a resident of this state is responsible for obtaining health insurance coverage for the party's former spouse or children or if, pursuant to a child support order issued in accordance with sections 3119.29 to 3119.56 of the Revised Code, the court requires a party who is a resident of this state to obtain health insurance coverage for the children who are the subject of the child support order, and the party fails to obtain such coverage, no provider or collection agency shall collect or attempt to collect from the former spouse, children, or person responsible for the children, any reimbursement of any hospital, surgical, or medical expenses incurred by the provider for services rendered to the former spouse or children, which expenses would have been covered but for the failure of the party to obtain the coverage, if the former spouse, any of the children, or a person responsible for the children, provides the following to the provider or collection agency: (1) A copy of the court order requiring the party to obtain health insurance coverage for the former spouse or children. (2) Reasonable assistance in locating the party and obtaining information about the party's health insurance coverage. (C) If the requirements of divisions (B)(1) and (2) of this section are not met, the provider or collection agency may collect the hospital, surgical, or medical expenses both from the former spouse or person responsible for the children and from the party who failed to obtain the coverage. If the requirements of divisions (B)(1) and (2) are met, the provider or collection agency may collect or attempt to collect the expenses only from the party. A party required to obtain health insurance coverage for a former spouse or children who fails to obtain the coverage is liable to the provider for the hospital, surgical, or medical expenses incurred by the provider as a result of the failure to obtain the coverage. This section does not prohibit a former spouse or person responsible for the children from initiating an action to enforce the order requiring the party to obtain health insurance for the former spouse or children or to collect any amounts the former spouse or person responsible for the children pays for hospital, surgical, or medical expenses for which the party is responsible under the order requiring the party to obtain health insurance for the former spouse or children. (D)(1) If the requirements of divisions (B)(1) and (2) of this section are met, both of the following restrictions shall apply: (a) No collection agency or provider of hospital, surgical, or medical services may report to a consumer reporting agency, for inclusion in the credit file or credit report of the former spouse or person responsible for the children, any information relative to the nonpayment of expenses for the services incurred by the provider, if the nonpayment is the result of the failure of the party responsible for obtaining health insurance coverage to obtain health insurance coverage. (b) No consumer reporting agency shall include in the credit file or credit report of the former spouse or person responsible for the children, any information relative to the nonpayment of any hospital, surgical, or medical expenses incurred by a provider as a result of the party's failure to obtain the coverage. (2) If the requirements of divisions (B)(1) and (2) of this section are not met, both of the following provisions shall apply: (a) A provider of hospital, surgical, or medical services, or a collection agency, may report to a consumer reporting agency, for inclusion in the credit file or credit report of the former spouse or person responsible for the children, any information relative to the nonpayment of expenses for the services incurred by the provider, if the nonpayment is the result of the failure of the party responsible for obtaining health insurance coverage to obtain such coverage. (b) A consumer reporting agency may include in the credit file or credit report of the former spouse or person responsible for the children, any information relative to the nonpayment of any hospital, surgical, or medical expenses incurred by the provider, if the nonpayment is the result of the failure of the party responsible for obtaining health insurance coverage to obtain such coverage. (3)(a) A provider of hospital, surgical, or medical services, or a collection agency, may report to a consumer reporting agency, for inclusion in the credit file or credit report of that party, any information relative to the nonpayment of expenses for the services incurred by the provider, if the nonpayment is the result of the failure of the party responsible for obtaining health insurance coverage to obtain such coverage. (b) A consumer reporting agency may include in the credit file or credit report of the party responsible for obtaining health insurance coverage, any information relative to the nonpayment of any hospital, surgical, or medical expenses incurred by a provider, if the nonpayment is the result of the failure of that party to obtain health insurance coverage. (4) If any information described in division (D)(2) of this section is placed in the credit file or credit report of the former spouse or person responsible for the children, the consumer reporting agency shall remove the information from the credit file and credit report if the former spouse or person responsible for the children provides the agency with the information required in divisions (B)(1) and (2) of this section. If the agency fails to remove the information from the credit file or credit report pursuant to the terms of the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a reasonable time after receiving the information required by divisions (B)(1) and (2) of this section, the former spouse may initiate an action to require the agency to remove the information. If any information described in division (D)(3) of this section is placed in the party's credit file or credit report, the party has the burden of proving that the party is not responsible for obtaining the health insurance coverage or, if responsible, that the expenses incurred are not covered expenses. If the party meets that burden, the agency shall remove the information from the party's credit file and credit report immediately. If the agency fails to remove the information from the credit file or credit report immediately after the party meets the burden, the party may initiate an action to require the agency to remove the information.
Ohio Rev. Code § 1310.13 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.13
§ 1310.13. Offer and acceptance in formation of lease contract - UCC 2A-206
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Unless otherwise unambiguously indicated by the language or circumstances, and offer to make a lease contract shall be construed as inviting acceptance in any manner and by any medium reasonable under the circumstances. (B) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Ohio Rev. Code § 1313.28 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.28
§ 1313.28. Sale of notes
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If it is for the best interests of the creditors of the assignor, the probate court may order the assignee or trustee for the benefit of creditors to sell without recourse any notes taken for deferred payments at not less than their face value with accrued interest, and direct the distribution of the proceeds.
Ohio Rev. Code § 1311.311 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.311
§ 1311.311. Notice to commence suit
Status: in_force

April 10, 1991 House Bill 238 - 118th General Assembly Any public authority or any principal contractor or subcontractor who receives a copy of the affidavit required by section 1311.26 of the Revised Code, as provided in section 1311.31 of the Revised Code, may notify the claimant or his agent, to commence suit. Proof that this notice was served in accordance with section 1311.19 of the Revised Code, may be made by affidavit filed with the public authority or clerk or agent thereof. If the claimant fails to commence suit within sixty days after the date of the service of the notice, the affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds are to be released to the principal contractor. This section does not preclude the collection of the claim in any manner in which any claim may otherwise be collected. An affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds upon which it is sought to be imposed wholly discharged from the affidavit filed pursuant to section 1311.26 of the Revised Code if the principal contractor or any subcontractor or interested party acting in his name gives the notice to commence suit and files with the public authority, a bond in the amount equal to one and one-half of the claim in favor of the claimant, executed by sufficient surety, approved in writing by the public authority, and conditioned upon the payment of any judgment upon the claim, plus costs. If the public authority fails to discharge the affidavit filed pursuant to section 1311.26 of the Revised Code and make payment, the principal contractor or subcontractor may file an action in the court of common pleas of the county in which the property is located except that if the action is against a state officer, the principal contractor or subcontractor shall file the action in the court of common pleas of Franklin county. If the court determines in the action that the public authority improperly failed to discharge the affidavit and make payment, the court may award reasonable attorney fees. The bond is void upon the failure of the claimant to commence suit within sixty days after the date of the service of the notice or, if the claimant commences suit within the required time period, upon the satisfaction of any judgment that is entered in favor of the claimant, upon final judgment against the claimant, or upon dismissal of the suit for any reason.
Ohio Rev. Code § 1305.12 — Ohio Revised Code / Title 13 / Chapter 1305 / § 1305.12
§ 1305.12. Transfer by operation of law - UCC 5-113
Status: in_force

July 1, 1998 House Bill 338 - 122nd General Assembly (A) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor. (B) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in division (E) of this section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in division (E) of section 1305.07 of the Revised Code or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer. (C) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized. (D) Honor of a purported successor's apparently complying presentation under division (A) or (B) of this section has the consequences specified in division (I) of section 1305.07 of the Revised Code even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of section 1305.08 of the Revised Code. (E) An issuer whose rights of reimbursement are not covered by division (D) of this section or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under division (B) of this section. (F) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
Ohio Rev. Code § 1304.01 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.01
§ 1304.01. Definitions - UCC 4-104, 4-105
Status: in_force

April 6, 2017 House Bill 463 - 131st General Assembly (A) As used in sections 1304.01 to 1304.40 of the Revised Code, unless the context requires otherwise: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or similar account, other than an account evidenced by a certificate of deposit. (2) "Afternoon" means the period of day between noon and midnight. (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions. (4) "Clearing house" means an association of banks or other payors regularly clearing items. (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank. (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certified securities or instructions for uncertificated securities as defined in section 1308.01 of the Revised Code, or other certificates, statements, or similar documents are to be received by the drawee or other payor before acceptance or payment of the draft. (7) "Draft" means a draft as defined in section 1303.03 of the Revised Code or an item, other than an instrument, that is an order. (8) "Drawee" means a person ordered in a draft to make payment. (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. "Item" does not include a payment order governed by sections 1304.51 to 1304.85 of the Revised Code, a credit slip, or a debit card slip. (10) "Midnight deadline," with respect to a bank, is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later. (11) "Settle" means to pay in cash, by clearing house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final. (12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business. (B) As used in sections 1304.01 to 1304.40 of the Revised Code: (1) "Bank" means a person engaged in the business of banking, including a savings bank, a savings and loan association, a credit union, or a trust company. (2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter. (3) "Payor bank" means a bank that is a drawee of a draft. (4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank. (5) "Collecting bank" means a bank handling an item for collection except the payor bank. (6) "Presenting bank" means a bank presenting an item except a payor bank. (C) As used in sections 1304.01 to 1304.40 of the Revised Code: (1) "Acceptance" and "certified check" have the same meanings as in section 1303.46 of the Revised Code. (2) "Alteration" has the same meaning as in section 1303.50 of the Revised Code. (3) "Cashier's check," "certificate of deposit," "check," "instrument," and "teller's check" have the same meanings as in section 1303.03 of the Revised Code. (4) "Control" has the same meaning as in section 1307.106 of the Revised Code. (5) "Good faith" has the same meaning as in section 1301.201 of the Revised Code. (6) "Order," "ordinary care," "promise," and "prove" have the same meanings as in section 1303.01 of the Revised Code. (7) "Holder in due course" has the same meaning as in section 1303.32 of the Revised Code. (8) "Notice of dishonor" has the same meaning as in section 1303.63 of the Revised Code. (9) "Person entitled to enforce" has the same meaning as in section 1303.31 of the Revised Code. (10) "Presentment" has the same meaning as in section 1303.61 of the Revised Code. (11) " Remotely created consumer item" has the same meaning as in section 1303.01 of the Revised Code. (12) "Unauthorized signature" has the same meaning as in section 1303.43 of the Revised Code. (D) In addition, Chapter 1301. of the Revised Code contains general definitions and principles of construction and interpretation applicable throughout sections 1304.01 to 1304.40 of the Revised Code.
Ohio Rev. Code § 1329.61 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.61
§ 1329.61. Public record of registrations and renewals
Status: in_force

October 20, 1978 House Bill 297 - 112th General Assembly The secretary of state shall keep for public examination a record of all trademarks and service marks registered or renewed under sections 1329.54 to 1329.67 of the Revised Code.
Ohio Rev. Code § 1313.51 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.51
§ 1313.51. Further allowances - counsel fees
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Such allowance shall be made as the probate court considers just for necessary expense, extraordinary expenses, extraordinary services not required of an assignee for the benefit of creditors in the common course of his duty, and such reasonable counsel fees as were necessary for the proper administration of the assignment, whether performed by the assignee or trustee as attorney, or such other as he employs. No such further allowance, extraordinary expenses or services, or attorney fees, shall be made unless a bill of items is filed, showing such actual and necessary or extraordinary expenses and services, or attorney fees, together with the affidavit of the person incurring such expenses or performing such services, that they were done for, and were necessary to, the assignment; that the amount charged therefor is reasonable, and not more than is usually paid for such services. When such services have been performed by persons other than the assignee or trustee, the latter also must file an affidavit, stating that such services were necessary for the proper administration of the assignment, that they were performed under his direction, that the charges therefor are fair and reasonable, and that the full amount thereof has been paid to the party performing such services.
Ohio Rev. Code § 1351.09 — Ohio Revised Code / Title 13 / Chapter 1351 / § 1351.09
§ 1351.09. Limits on lessor's liability
Status: in_force

June 29, 1988 House Bill 421 - 117th General Assembly (A) A lessor is not liable under section 1351.08 of the Revised Code for any violation of the requirements of this chapter if, within sixty days after discovering an error, and before an action for damages is filed against him pursuant to section 1351.08 of the Revised Code or written notice of the error is received from the lessee, the lessor notifies the lessee of the error and makes adjustments to the account of the lessee that are necessary to assure that the lessee is not required to pay an amount in excess of the amounts actually disclosed. This division applies whether the error was discovered through the lessor's own procedures or by any other means. (B) A lessor is not liable under section 1351.08 of the Revised Code for damages in excess of the actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation of this chapter resulted from a bona fide error notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error. As used in this division, "bona fide error" includes, but is not limited to, clerical, calculation, computer malfunction and programming, and printing errors. Disclaimer Contact About
Ohio Rev. Code § 1309.707 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.707
§ 1309.707. Pre-effective-date financing statement - UCC 9-707
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) As used in this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001. (B) On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in sections 1309.301 to 1309.342 of the Revised Code, as they exist on July 1, 2001. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed. (C) Except as otherwise provided in division (D) of this section, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001, only if: (1) The pre-effective-date financing statement and an amendment are filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001; (2) An amendment is filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001, concurrently with, or after the filing in that office of, an initial financing statement that satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001. (3) An initial financing statement that provides the information as amended and satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001 is filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001. (D) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under division (D) or (F) of section 1309.705 or section 1309.706 of the Revised Code as it exists on July 1, 2001. (E) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001, has been filed in the office specified by the law of the jurisdiction governing perfection as provided in sections 1309.301 to 1309.342 of the Revised Code, as they exist on July 1, 2001, as the office in which to file a financing statement.
Ohio Rev. Code § 1321.131 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.131
§ 1321.131. Small loan alternative interest rate
Status: in_force

February 11, 1982 House Bill 526 - 114th General Assembly As an alternative to the interest permitted in division (A) of section 1321.13 and in division (B) of section 1321.16 of the Revised Code, a licensee may contract for and receive interest at any rate or rates agreed upon or consented to by the parties to the loan contract or open-end loan agreement, but not exceeding an annual percentage rate of twenty-five per cent. Last updated November 3, 2021 at 5:41 PM
Ohio Rev. Code § 1303.47 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.47
§ 1303.47. Employer's responsibility for fraudulent indorsement by employee - UCC 3-405
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) As used in this section: (1) "Employee" includes an independent contractor and an employee of an independent contractor retained by the employer. (2) "Fraudulent indorsement" means either of the following: (a) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer; (b) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee. (3) "Responsibility" with respect to instruments means authority to do any of the following: (a) To sign or indorse instruments on behalf of the employer; (b) To process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition; (c) To prepare or process instruments for issue in the name of the employer; (d) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer; (e) To control the disposition of instruments to be issued in the name of the employer; (f) To act otherwise with respect to instruments in a responsible capacity. "Responsibility" with respect to instruments does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access. (B) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss. (C) Under division (B) of this section, an indorsement is made in the name of the person to whom an instrument is payable if it is made in a name substantially similar to the name of that person or if the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
Ohio Rev. Code § 1354.02 — Ohio Revised Code / Title 13 / Chapter 1354 / § 1354.02
§ 1354.02. Safe harbor requirements
Status: in_force

November 2, 2018 Senate Bill 220 - 132nd General Assembly (A) A covered entity seeking an affirmative defense under sections 1354.01 to 1354.05 of the Revised Code shall do one of the following: (1) Create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal information and that reasonably conforms to an industry recognized cybersecurity framework, as described in section 1354.03 of the Revised Code; or (2) Create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of both personal information and restricted information and that reasonably conforms to an industry recognized cybersecurity framework, as described in section 1354.03 of the Revised Code. (B) A covered entity's cybersecurity program shall be designed to do all of the following with respect to the information described in division (A)(1) or (2) of this section, as applicable : (1) Protect the security and confidentiality of the information; (2) Protect against any anticipated threats or hazards to the security or integrity of the information; (3) Protect against unauthorized access to and acquisition of the information that is likely to result in a material risk of identity theft or other fraud to the individual to whom the information relates. (C) The scale and scope of a covered entity's cybersecurity program under division (A) (1) or (2) of this section, as applicable, is appropriate if it is based on all of the following factors: (1) The size and complexity of the covered entity; (2) The nature and scope of the activities of the covered entity; (3) The sensitivity of the information to be protected; (4) The cost and availability of tools to improve information security and reduce vulnerabilities; (5) The resources available to the covered entity. (D)(1) A covered entity that satisfies divisions (A)(1), (B), and (C) of this section is entitled to an affirmative defense to any cause of action sounding in tort that is brought under the laws of this state or in the courts of this state and that alleges that the failure to implement reasonable information security controls resulted in a data breach concerning personal information. (2) A covered entity that satisfies divisions (A)(2), (B), and (C) of this section is entitled to an affirmative defense to any cause of action sounding in tort that is brought under the laws of this state or in the courts of this state and that alleges that the failure to implement reasonable information security controls resulted in a data breach concerning personal information or restricted information.
Ohio Rev. Code § 1337.04 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.04
§ 1337.04. Recording of power of attorney
Status: in_force

October 24, 2024 Senate Bill 94 - 135th General Assembly (A) As used in this section, "real property interest" means a deed, mortgage, land installment contract, or lease. (B) A power of attorney used for the execution of a real property instrument shall be properly executed and acknowledged by the principal before the execution and acknowledgement of such real property instrument executed by virtue of such power of attorney. For purposes of this section, if the execution and acknowledgement of the power of attorney is dated the same date as the execution and acknowledgment of the real property instrument, the power of attorney shall be presumed to have been executed and acknowledged before the execution and acknowledgment of the real property instrument. (C) A power of attorney used for the execution of a real property instrument shall be recorded in the office of the county recorder of the county in which such property is situated, before the recording of the real property instrument executed by virtue of such power of attorney. For purposes of this section, a power of attorney that is known to have been recorded the same day, but after, the recording of the real property instrument shall be considered to have been recorded before the real property instrument. If a power of attorney is not recorded before, or is not known to have been recorded on the same day as, the recording of the real property instrument executed by virtue of such power of attorney, the power of attorney may be subsequently placed of record as an attachment to a supporting affidavit made by any person having knowledge of the facts or competent to testify concerning them in open court, so long as the power of attorney was executed and acknowledged not later than the day of the execution of the real property instrument. The supporting affidavit shall include all of the following: (1) The name of the person appearing by record to be the owner of the property described in the real property instrument executed by virtue of the power of attorney at the time of the recording of the affidavit; (2) The permanent parcel number of the property; (3) The legal description of the property subject to the real property instrument executed by virtue of the power of attorney; (4) The official record reference of the real property instrument executed by virtue of the power of attorney; (5) If the power of attorney that the affidavit accompanies is a photocopy of the power of attorney, rather than the original, a statement that the photocopy is a true and accurate copy and a statement regarding why the original is not being recorded. (D) The county recorder shall record the supporting affidavit in the official records, indexed by the name of the current record owner. (E) Notwithstanding any contrary provision set forth in this section, a real property instrument executed by virtue of a power of attorney that has been of record for a period of ten years or more shall be presumed valid and of full force and effect if the power of attorney has not been placed of record. (F) The amendments to this section by S.B. 94 of the 135th general assembly have no effect on the rights of a bona fide purchaser for value who acquired those rights without actual knowledge or constructive notice of the power of attorney, the real property instrument executed by virtue of the power of attorney, or an affidavit that meets the requirements of division (C) of this section. (G) The amendments to this section by S.B. 94 of the 135th general assembly have no effect on the law of constructive notice or chain of title analysis set forth in Spring Lakes Ltd. v. O.F.M. Co., 12 Ohio St.3d 333 (1984) ; Ohio Turnpike Commission v. Spellman Outdoor Advertising Services, LLC, 2010-Ohio-1705 ; and Spellman Outdoor Advertising Services, LLC v. Ohio Turnpike and Infrastructure Commission, 2016-Ohio-7152. (H) The amendments to this section by S.B. 94 of the 135th general assembly shall be given retroactive effect to the fullest extent permitted under Section 28 of Article II, Ohio Constitution. The amendments to this section shall not be given retroactive effect if to do so would affect any accrued substantive right or vested rights in any person or in any real property instrument. Last updated August 27, 2024 at 3:01 PM
Ohio Rev. Code § 1349.18 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.18
§ 1349.18. Printing credit card number and expiration date on receipt
Status: in_force

July 1, 2004 Senate Bill 250 - 124th General Assembly (A) No person or limited liability company that accepts credit cards for the transaction of business shall print more than the last five digits of the credit card account number, or print the expiration date of a credit card, on any receipt provided to the cardholder. (B) This section applies only to receipts that are electronically printed and does not apply to any transaction in which the sole means of recording the cardholder's credit card account number is by handwriting or by an imprint or copy of the credit card. (C) A violation of this section is deemed an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A person injured by a violation of this section has a cause of action and is entitled to the same relief available to a consumer under section 1345.09 of the Revised Code, and all powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce this section. (D) As used in this section, "credit card" includes, but is not limited to, a credit card, charge card, debit card, or other card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine.
Ohio Rev. Code § 1349.68 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.68
§ 1349.68. High-volume seller requirement enforcement
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly Data collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law. Last updated May 16, 2022 at 4:20 PM
Ohio Rev. Code § 1337.40 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.40
§ 1337.40. Conflict of laws
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly In the event of a conflict between any provision of sections 1337.21 to 1337.64 of the Revised Code and any other provision of law applicable to financial institutions or other entities, the other provision of law controls.
Ohio Rev. Code § 1349.271 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.271
§ 1349.271. Rules for prepurchase counseling
Status: in_force

January 1, 2007 Senate Bill 185 - 126th General Assembly (A) The superintendent of financial institutions shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish criteria for purposes of qualifying counseling services that provide prepurchase counseling to consumers. (B) Any not-for-profit credit counseling service approved by an agency of the federal government shall be deemed to meet the criteria established by the superintendent under this section.
Ohio Rev. Code § 1308.20 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.20
§ 1308.20. Warranties in direct holding - UCC 8-108
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly (A) A person who transfers a certificated security to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by indorsement, warrants to any subsequent purchaser, that: (1) The certificate is genuine and has not been materially altered; (2) The transferor or indorser does not know of any fact that might impair the validity of the security; (3) There is no adverse claim to the security; (4) The transfer does not violate any restriction on transfer; (5) If the transfer is by indorsement, the indorsement is made by an appropriate person, or if the indorsement is by an agent, the agent has actual authority to act on behalf of the appropriate person; and (6) The transfer is otherwise effective and rightful. (B) A person who originates an instruction for registration of transfer of an uncertificated security to a purchaser for value warrants to the purchaser that: (1) The instruction is made by an appropriate person, or if the instruction is by an agent, the agent has actual authority to act on behalf of the appropriate person; (2) The security is valid; (3) There is no adverse claim to the security; and (4) At the time the instruction is presented to the issuer: (a) The purchaser will be entitled to the registration of transfer; (b) The transfer will be registered by the issuer free from all liens, security interests, restrictions, and claims other than those specified in the instruction; (c) The transfer will not violate any restriction on transfer; and (d) The requested transfer will otherwise be effective and rightful. (C) A person who transfers an uncertificated security to a purchaser for value and does not originate an instruction in connection with the transfer warrants that: (1) The uncertificated security is valid; (2) There is no adverse claim to the security; (3) The transfer does not violate any restriction on transfer; and (4) The transfer is otherwise effective and rightful. (D) A person who indorses a security certificate warrants to the issuer that: (1) There is no adverse claim to the security; and (2) The indorsement is effective. (E) A person who originates an instruction for registration of transfer of an uncertificated security warrants to the issuer that: (1) The instruction is effective; and (2) At the time the instruction is presented to the issuer the purchaser will be entitled to the registration of transfer. (F) A person who presents a certificated security for registration of transfer or for payment or exchange warrants to the issuer that the person is entitled to the registration, payment, or exchange, but a purchaser for value and without notice of adverse claims to whom transfer is registered warrants only that the person has no knowledge of any unauthorized signature in a necessary indorsement. (G) If a person acts as agent of another in delivering a certificated security to a purchaser, the identity of the principal was known to the person to whom the certificate was delivered, and the certificate delivered by the agent was received by the agent from the principal or received by the agent from another person at the direction of the principal, the person delivering the security certificate warrants only that the delivering person has authority to act for the principal and does not know of any adverse claim to the certificated security. (H) A secured party who redelivers a security certificate received, or after payment and on order of the debtor delivers the security certificate to another person, makes only the warranties of an agent under division (G) of this section. (I) Except as otherwise provided in division (G) of this section, a broker acting for a customer makes to the issuer and a purchaser the warranties provided in divisions (A) to (F) of this section. A broker that delivers a security certificate to its customer, or causes its customer to be registered as the owner of an uncertificated security, makes to the customer the warranties provided in division (A) or (B) of this section, and has the rights and privileges of a purchaser under this section. The warranties of and in favor of the broker acting as an agent are in addition to applicable warranties given by and in favor of the customer.
Ohio Rev. Code § 1302.65 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.65
§ 1302.65. Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over - UCC 2-607
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) The buyer must pay at the contract rate for any goods accepted. (B) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by sections 1302.01 to 1302.98 , inclusive, of the Revised Code for non-conformity. (C) Where a tender has been accepted: (1) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and (2) if the claim is one for infringement or the like pursuant to division (C) of section 1302.25 of the Revised Code and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation. (D) The burden is on the buyer to establish any breach with respect to the goods accepted. (E) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over: (1) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound. (2) if the claim is one for infringement or the like, pursuant to division (C) of section 1302.25 of the Revised Code, the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred. (F) The provisions of divisions (C), (D), and (E) of this section apply to any obligation of a buyer to hold the seller harmless against infringement or the like pursuant to division (C) of section 1302.25 of the Revised Code.
Ohio Rev. Code § 1345.22 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.22
§ 1345.22. Right of buyer to cancel
Status: in_force

March 23, 2015 Senate Bill 274 - 130th General Assembly (A) In addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the seller's address, electronic mail address, or facsimile number stated in the agreement or offer to purchase. The buyer shall deliver the notice by certified mail delivery, return receipt requested, manual delivery, personal delivery, facsimile transmission, or electronic mail. Notice of cancellation by certified mail shall be effective upon the date of post marking. Manual delivery or other personal delivery is effective when delivered to the seller or to the seller's address, whichever comes first. Facsimile delivery is effective when the facsimile transmission has been transmitted to the seller's facsimile number and the consumer has received confirmation of the facsimile transmission. Electronic mail delivery is effective when the electronic mail has been sent to the seller's electronic mail address. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the home solicitation sale. Notice of buyer's right to cancel must appear on all notes or other evidence of indebtedness given pursuant to any home solicitation sale. (B) Except as provided in division (C) of this section, where a home solicitation sale requires a seller to provide services, the seller shall not commence performance of such services during the time in which the buyer may cancel. (C)(1) Where a home solicitation sale involving the sale and installation of home security and automation systems and related security and monitoring services requires the seller to provide services, the seller shall not commence performance of such services during the time in which the buyer may cancel the sale unless the seller does all of the following: (a) In addition to the notices required by section 1345.23 of the Revised Code, the seller informs the buyer in writing that the buyer's right to cancel under this section is not affected by commencing services and the buyer acknowledges in writing the buyer's understanding of this right. (b) The seller does not make a substantial change in the condition of the property in question. (c) The seller does not receive any compensation for the services performed if the buyer timely cancels the agreement or offer under this section. (2) With respect to a home solicitation sale involving the sale and installation of home security and automation systems and related security and monitoring services, if the seller commences services during the time in which the buyer may cancel, in accordance with division (C)(1) of this section, and those services result in the alteration of the buyer's property, and the buyer exercises the buyer's right to cancel, the seller shall restore the property within fourteen calendar days from cancellation to substantially the same condition as it was at the time the services were rendered. (D) As used in this section, "substantial change" means any change that requires repair of a significant nature, necessitating significant expense, time, or inconvenience to repair for the buyer. Substantial change also includes a change that is incapable of being returned to its original condition.
Ohio Rev. Code § 1321.37 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.37
§ 1321.37. Application for short-term loan license; fee; approval procedure; assets; bond
Status: in_force

December 29, 2023 Senate Bill 131 (GA 134), House Bill 33 (GA 135) (A) Application for an original or renewal license to make short-term loans shall be in writing, under oath, and in the form prescribed by the superintendent of financial institutions, and shall contain the name and address of the applicant, the location where the business of making loans is to be conducted, and any further information as the superintendent requires. At the time of making an application for an original license, the applicant shall pay to the superintendent a nonrefundable investigation fee of two hundred dollars. No investigation fee or any portion thereof shall be refunded after an original license has been issued. The application for an original or renewal license shall be accompanied by an original or renewal license fee, for each business location of one thousand dollars, except that applications for original licenses issued on or after the first day of July for any year shall be accompanied by an original license fee of five hundred dollars, and except that an application for an original or renewal license, for a nonprofit corporation that is incorporated under Chapter 1702. of the Revised Code, shall be accompanied by an original or renewal license fee, for each business location, that is one-half of the fee otherwise required. All fees paid to the superintendent pursuant to this division shall be deposited into the state treasury to the credit of the consumer finance fund. (B) Upon the filing of an application for an original license and, with respect to an application filed for a renewal license, on a schedule determined by the superintendent by rule adopted pursuant to section 1321.43 of the Revised Code, and the payment of fees in accordance with division (A) of this section, the superintendent shall investigate the facts concerning the applicant and the requirements provided by this division. The superintendent shall request the superintendent of the bureau of criminal identification and investigation, or a vendor approved by the bureau, to conduct a criminal records check based on the applicant's fingerprints in accordance with section 109.572 of the Revised Code. Notwithstanding division (L) of section 121.08 of the Revised Code, the superintendent of financial institutions shall request that criminal record information from the federal bureau of investigation be obtained as part of the criminal records check. The superintendent of financial institutions shall conduct a civil records check. The superintendent shall approve an application and issue an original or renewal license to the applicant if the superintendent finds all of the following: (1) The financial responsibility, experience, and general fitness of the applicant are such as to warrant the belief that the business of making loans will be operated lawfully, honestly, and fairly under sections 1321.35 to 1321.48 of the Revised Code and within the purposes of those sections; that the applicant has fully complied with those sections and any rule or order adopted or issued pursuant to section 1321.43 of the Revised Code; and that the applicant is qualified to engage in the business of making loans under sections 1321.35 to 1321.48 of the Revised Code. (2) The applicant is financially sound and has a net worth of not less than one hundred thousand dollars, or in the case of a nonprofit corporation that is incorporated under Chapter 1702. of the Revised Code, a net worth of not less than fifty thousand dollars. The applicant's net worth shall be computed according to generally accepted accounting principles. (3) The applicant has never had revoked a license to make loans under sections 1321.35 to 1321.48 of the Revised Code, under former sections 1315.35 to 1315.44 of the Revised Code, or to do business under sections 1315.21 to 1315.30 of the Revised Code. (4) Neither the applicant nor any senior officer, or partner of the applicant, has pleaded guilty to or been convicted of a disqualifying offense as determined in accordance with section 9.79 of the Revised Code. (5) Neither the applicant nor any senior officer, or partner of the applicant, has been subject to any adverse judgment for conversion, embezzlement, misappropriation of funds, fraud, misfeasance or malfeasance, or breach of fiduciary duty, or if the applicant or any of those other persons has been subject to such a judgment, the applicant has proven to the superintendent, by a preponderance of the evidence, that the applicant's or other person's activities and employment record since the judgment show that the applicant or other person is honest and truthful and there is no basis in fact for believing that the applicant or other person will be subject to such a judgment again. (C) If the superintendent finds that the applicant does not meet the requirements of division (B) of this section, or the superintendent finds that the applicant knowingly or repeatedly contracts with or employs persons to directly engage in lending activities who have been convicted of a felony crime listed in division (B)(5) of this section, the superintendent shall issue an order denying the application for an original or renewal license and giving the applicant an opportunity for a hearing on the denial in accordance with Chapter 119. of the Revised Code. The superintendent shall notify the applicant of the denial, the grounds for the denial, and the applicant's opportunity for a hearing. If the application is denied, the superintendent shall return the annual license fee but shall retain the investigation fee. (D) No person licensed under sections 1321.35 to 1321.48 of the Revised Code shall conduct business in this state unless the licensee has obtained and maintains in effect at all times a corporate surety bond issued by a bonding company or insurance company authorized to do business in this state. The bond shall be in favor of the superintendent and in the penal sum of at least one hundred thousand dollars, or in the case of a nonprofit corporation that is incorporated under Chapter 1702. of the Revised Code, in the amount of fifty thousand dollars. The term of the bond shall coincide with the term of the license. The licensee shall file a copy of the bond with the superintendent. The bond shall be for the exclusive benefit of any borrower injured by a violation by a licensee or any employee of a licensee, of any provision of sections 1321.35 to 1321.48 of the Revised Code. (E) Notwithstanding any provision of this section to the contrary, the superintendent shall issue an original license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies: (1) The applicant holds a license in another state. (2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a short-term lender in a state that does not issue that license. The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation. Last updated December 29, 2023 at 5:10 AM
Ohio Rev. Code § 1302.10 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.10
§ 1302.10. Additional terms in acceptance or confirmation - UCC 2-207
Status: in_force

August 15, 1996 Senate Bill 155 - 121st General Assembly (A) A definite and seasonable expression of acceptance or a written confirmation that is sent within a reasonable time operates as an acceptance even though it states terms additional or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. (B) The additional terms are to be construed as proposals for addition to the contract. Between merchants, the terms become part of the contract unless one of the following applies: (1) The offer expressly limits acceptance to the terms of the offer. (2) They materially alter it. (3) Notification of objection to them has already been given or is given within a reasonable time after notice of them is received. (C) Conduct by both parties that recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case, the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code.
Ohio Rev. Code § 1311.42 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.42
§ 1311.42. Perfecting a lien
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly To perfect a lien referred to in section 1311.41 of the Revised Code, a person performing labor, furnishing material, or boarding, within forty days from the date that the person ceased performing labor, or furnishing materials, or boarding on or for the railroad, shall file with the county recorder of the county where the labor was performed, or material or boarding furnished, an affidavit containing an itemized statement of the kind and amount of material furnished, or labor performed, the time when the contractor or subcontractor for whom, and the section and place where, on the line of the road the labor was performed, or material furnished, and the amount due therefor, after deducting all payments and setoffs. In case of boarding, such affidavit must have attached thereto an itemized account thereof, showing the name of the contractor or subcontractor on whose order it was furnished, the several persons to whom furnished, the weekly rate of boarding, and the several amounts unpaid by each respectively. On filing the affidavit, it shall be recorded in the official records of the county recorder, and then it operates as a lien on the railroad, in the manner and subject only to the limitations provided in sections 1311.39 to 1311.47 of the Revised Code.
Ohio Rev. Code § 1309.625 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.625
§ 1309.625. Remedies for secured party's failure to comply with chapter - UCC 9-625
Status: in_force

November 5, 2004 House Bill 420 - 125th General Assembly (A) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (B) Subject to divisions (C), (D), and (F) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing. (C) Except as provided in section 1309.628 of the Revised Code: (1) A person who, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under division (B) of this section for its loss; and (2) If the collateral is consumer goods, a person who was a debtor or a secondary obligor at the time a secured party failed to comply with sections 1309.601 to 1309.628 of the Revised Code may recover for that failure in any event an amount not less than the credit service charge plus ten per cent of the principal amount of the obligation or the time-price differential plus ten per cent of the cash price. (D) A debtor whose deficiency is eliminated under section 1309.626 of the Revised Code may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under section 1309.626 of the Revised Code may not recover otherwise under division (B) of this section for noncompliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance. Regardless of whether the debtor's or secondary obligor's deficiency is eliminated or reduced under section 1309.626 of the Revised Code, any damages recovered by the debtor or secondary obligor under division (C) of this section shall be reduced by the amount that the sum of the secured obligation, expenses, and attorney's fees exceeds the proceeds of collection, enforcement, disposition, or acceptance. (E) In addition to any damages recoverable under division (B) of this section, the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars in each case from a person that: (1) Fails to comply with section 1309.208 of the Revised Code; (2) Fails to comply with section 1309.209 of the Revised Code; (3) Files a record that the person is not entitled to file under division (A) of section 1309.509 of the Revised Code; (4) Fails to cause the secured party of record to file or send a termination statement as required by division (A) or (C) of section 1309.513 of the Revised Code; (5) Fails to comply with division (B)(1) of section 1309.616 of the Revised Code and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or (6) Fails to comply with division (B)(2) of section 1309.616 of the Revised Code. (F) A debtor or consumer obligor may recover damages under division (B) of this section and, in addition, five hundred dollars in each case from a person who, without reasonable cause, fails to comply with a request under section 1309.210 of the Revised Code. A recipient of a request under section 1309.210 of the Revised Code who never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this division. (G) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under section 1309.210 of the Revised Code, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person who is reasonably misled by the failure.
Ohio Rev. Code § 1309.601 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.601
§ 1309.601. Rights after default - judicial enforcement - consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes - UCC 9-601
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) After default, a secured party has the rights provided in sections 1309.601 to 1309.628 of the Revised Code and, except as otherwise provided in section 1309.602 of the Revised Code, those provided by agreement of the parties. A secured party: (1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and (2) If the collateral is documents, proceed either as to the documents or as to the goods they cover. (B) A secured party in possession of collateral or control of collateral under section 1307.106 , 1309.104 , 1309.105 , 1309.106 , or 1309.107 of the Revised Code has the rights and duties provided in section 1309.207 of the Revised Code. (C) The rights under divisions (A) and (B) of this section are cumulative and may be exercised simultaneously. (D) Except as otherwise provided in division (G) of this section and section 1309.605 of the Revised Code, after default, a debtor and an obligor have the rights provided in sections 1309.601 to 1309.628 of the Revised Code and by agreement of the parties. (E) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of: (1) The date of perfection of the security interest or agricultural lien in the collateral; (2) The date of filing a financing statement covering the collateral; or (3) Any date specified in a statute under which the agricultural lien was created. (F) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and after the sale may hold the collateral free of any other requirements of this chapter. (G) Except as provided in division (C) of section 1309.607 of the Revised Code, sections 1309.601 to 1309.628 of the Revised Code do not impose any duties upon a secured party who is a consignor or a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Ohio Rev. Code § 1310.11 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.11
§ 1310.11. Formation in general - UCC 2A-204
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of a lease contract. (B) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (C) Although one or more terms of a lease contract are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
Ohio Rev. Code § 1306.07 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.07
§ 1306.07. Electronic record capable of retention by recipient at time of receipt
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly (A) If the parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (B) If a law other than sections 1306.01 to 1306.23 of the Revised Code requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, all of the following apply: (1) The record shall be posted or displayed in the manner specified in the other law. (2) Except as otherwise provided in division (D)(2) of this section, the record shall be sent, communicated, or transmitted by the method specified in the other law. (3) The record shall contain the information formatted in the manner specified in the other law. (C) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (D) Divisions (A), (B), and (C) of this section may not be varied by agreement, except as follows: (1) To the extent a law, other than sections 1306.01 to 1306.23 of the Revised Code, requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under division (A) of this section that the information be in the form of an electronic record capable of retention also may be varied by agreement; (2) A requirement under a law, other than sections 1306.01 to 1306.23 of the Revised Code, to send, communicate, or transmit a record by regular mail may be varied by agreement to the extent permitted by the other law.
Ohio Rev. Code § 1306.12 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.12
§ 1306.12. Admissibility in evidence
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Ohio Rev. Code § 1317.07 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.07
§ 1317.07. Requirements of retail installment contract
Status: in_force

October 24, 2024 Senate Bill 94 - 135th General Assembly No retail installment contract authorized by section 1317.03 of the Revised Code that is executed in connection with any retail installment sale shall evidence any indebtedness in excess of the time balance fixed in the written instrument in compliance with section 1317.04 of the Revised Code, but it may evidence in addition any agreements of the parties for the payment of delinquent charges, as provided for in section 1317.06 of the Revised Code, taxes, and any lawful fee actually paid out, or to be paid out, by the retail seller to any public officer for filing, recording, or releasing any instrument securing the payment of the obligation owed on any retail installment contract. No retail seller, directly or indirectly, shall charge, contract for, or receive from any retail buyer, any further or other amount for examination, service, brokerage, commission, expense, fee, or other thing of value, unless the retail seller is otherwise authorized by law to do so. A documentary service charge customarily and presently being paid on May 9, 1949, in a particular business and area may be charged if the charge does not exceed two hundred fifty dollars per sale, except as otherwise authorized by section 4517.261 of the Revised Code. No retail seller shall use multiple agreements with respect to a single item or related items purchased at the same time, with intent to obtain a higher charge than would otherwise be permitted by Chapter 1317. of the Revised Code or to avoid disclosure of an annual percentage rate, nor by use of such agreements make any charge greater than that which would be permitted by Chapter 1317. of the Revised Code had a single agreement been used. Last updated August 27, 2024 at 3:00 PM
Ohio Rev. Code § 1302.69 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.69
§ 1302.69. Retraction of anticipatory repudiation - UCC 2-611
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final. (B) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of section 1302.67 of the Revised Code. (C) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Ohio Rev. Code § 1333.42 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.42
§ 1333.42. Lien of bailee for hire on personal property - construction project
Status: in_force

July 18, 1990 House Bill 444 - 118th General Assembly (A) As used in this section and section 1333.41 of the Revised Code, "public or private construction project" means a construction project that is for public or private purposes and that is located, in whole or in part, in this state or another state. (B) If a bailee for hire performs services or provides materials with respect to any personal property of the owner of, or principal contractor associated with, a public or private construction project, and if the bailee for hire obtains a lien with respect to that personal property pursuant to section 1333.41 of the Revised Code or the common law of this state in order to secure the reasonable value of the services that he performed or of the materials that he provided, then the owner or principal contractor may cause the lien to be discharged by depositing a bond as described in division (C) of this section with the clerk of the court of common pleas of the county in which the bailee for hire holds the personal property subject to the lien, and, if necessary, by complying with division (D) of this section. (C) The bond necessary to cause the discharge of a lien as described in division (B) of this section shall satisfy all of the following: (1) The bond shall be written by a surety that is authorized to execute bonds in this state; (2) Except as otherwise provided in this division, the bond shall be in an amount that at least equals twice the reasonable value of the services that the bailee for hire performed, the materials that the bailee for hire provided, or both, as claimed by the bailee for hire. The amount of the bond may exceed, but is not required to exceed, twice the value of the personal property subject to the lien. (3) The bond shall be conditioned that the owner of, or the principal contractor associated with, a public or private construction project who deposits the bond, will satisfy, in full, any judgment rendered against that owner or principal contractor in a civil action that the bailee for hire commences, within one year following the date of the deposit, to obtain the reasonable value of the services that he performed or of the materials that he provided. (D) If a bailee for hire who obtains a lien as described in division (B) of this section and the owner of, or the principal contractor associated with, a public or private construction project whose personal property is subject to the lien do not agree as to the value of the personal property subject to the lien, then, prior to depositing a bond as described in division (C) of this section with the clerk of the court of common pleas of the county in which the bailee for hire holds the personal property subject to the lien, the owner or principal contractor shall file an application with that court in order to obtain a judicial determination of that value. If such an application is filed, then, after notice to the bailee for hire and the owner or principal contractor, the court shall hold a hearing on the application and then render a determination as to that value. The hearing shall be held within ten days following the date that the notice is so given. (E) If a bond as described in division (C) of this section is deposited in accordance with this section, and if the bailee for hire who possesses the personal property subject to the lien described in division (A) of this section then fails to return the personal property to the owner of, or the principal contractor associated with, the public or private construction project who deposited the bond, then the owner or principal contractor may file an application with the court of common pleas of the county in which the bailee for hire holds the personal property to obtain an order requiring the bailee for hire to return the personal property to the owner or principal contractor. After notice to the bailee for hire and the owner or principal contractor, the court shall hold a hearing on the application, which hearing shall be held within ten days following the date that the notice is so given. If, following the hearing, the court determines that the bond complies with division (C) of this section and was deposited in accordance with this section, it shall issue the requested order.
Ohio Rev. Code § 1313.40 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.40
§ 1313.40. Report of claims
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Immediately after the expiration of six months time, within which creditors must present their claims, the assignee or trustee for the benefit of creditors must file in the probate court a report of all claims presented to him for allowance, their several amounts, the date from which, and the rate at which they are entitled to interest, specifying claims allowed and those rejected, with the date of allowance or rejection, what claims are held under advisement, and the post-office address of each creditor whose claim is allowed or rejected.
Ohio Rev. Code § 1333.60 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.60
§ 1333.60. Voluntary delivery of unordered goods constitutes unconditional gift
Status: in_force

November 6, 1969 Senate Bill 2 - 108th General Assembly Where any merchandise is offered for sale by means of its voluntary delivery to an offeree who has neither ordered nor requested it, the delivery of such merchandise constitutes an unconditional gift to the recipient.
Ohio Rev. Code § 1321.75 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.75
§ 1321.75. Enforcement actions regarding insurance premium finance company license
Status: in_force

September 26, 1996 Senate Bill 293 - 121st General Assembly (A) The division of financial institutions may revoke, suspend, or refuse to renew a license of any premium finance company if, after investigation, it appears to the division that: (1) Any license issued to the company was obtained by fraud; (2) There was any misrepresentation in the application for the license; (3) The holder of the license has otherwise shown himself, herself, or itself untrustworthy or incompetent to act as a premium finance company; (4) The company has violated sections 1321.71 to 1321.83 of the Revised Code. (B) Before the division revokes, suspends, or refuses to renew the license of any premium finance company, it shall give to the applicant notice and an opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code. In lieu of revoking or suspending the license for any of the causes enumerated in this section, after notice and an opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code, the division may subject the company to a penalty of not more than five hundred dollars for each offense when, in its judgment, it finds that the public interest would not be harmed by the continued operations of the company. The amount of any such penalty shall be paid by the company through the office of the division to the treasurer of state to the credit of the consumer finance fund. (C) The superintendent of financial institutions may investigate alleged violations of sections 1321.71 to 1321.83 of the Revised Code, or the rules adopted thereunder, or complaints concerning any such violation. The superintendent may make application to the court of common pleas for an order enjoining any such violation and, upon a showing by the superintendent that a person has committed, or is about to commit, such a violation, the court shall grant an injunction, restraining order, or other appropriate relief. (D) In conducting an investigation pursuant to this section, the superintendent may compel, by subpoena, witnesses to testify in relation to any matter over which the superintendent has jurisdiction, and may require the production or photocopying of any book, record, or other document pertaining to such matter. If a person fails to file any statement or report, give testimony, produce any book, record, or other document as required by such a subpoena, permit photocopying of any book, record, or other document subpoenaed, or obey any other order of a subpoena, the court of common pleas of any county in this state, upon application made to it by the superintendent, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify therein. (E) If the superintendent determines that a person is engaged in, or is believed to be engaged in, activities that may constitute a violation of sections 1321.71 to 1321.83 of the Revised Code, the superintendent may, after notice and a hearing conducted in accordance with Chapter 119. of the Revised Code, issue a cease and desist order. Such an order shall be enforceable in the court of common pleas. (F) No licensee or other person is in violation of sections 1321.71 to 1321.83 of the Revised Code for any act taken or omission made in reliance on a written notice, interpretation, or examination report from the division. Last updated November 5, 2021 at 5:04 PM
Ohio Rev. Code § 1305.16 — Ohio Revised Code / Title 13 / Chapter 1305 / § 1305.16
§ 1305.16. Subrogation of issuer, applicant, and nominated person - UCC 5-117
Status: in_force

July 1, 1998 House Bill 338 - 122nd General Assembly (A) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (B) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in division (A) of this section. (C) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of: (1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) The beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) The applicant to the same extent as if the nominated person were the secondary obligor of the underlying obligation owed to the applicant. (D) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in divisions (A) and (B) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in division (C) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
Ohio Rev. Code § 1302.72 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.72
§ 1302.72. Substituted performance - UCC 2-614
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted. (B) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive, or predatory.
Ohio Rev. Code § 1346.07 — Ohio Revised Code / Title 13 / Chapter 1346 / § 1346.07
§ 1346.07. Records maintained by stamping agent
Status: in_force

September 26, 2003 House Bill 95 - 125th General Assembly (A) Not later than the last day of each month or less frequently if so directed by the tax commissioner, each stamping agent shall submit information for the previous month or for the relevant time period, if directed by the tax commissioner to make the submission less frequently, which the tax commissioner requires to facilitate compliance with sections 1346.05 to 1346.10 of the Revised Code. The information shall include, but is not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll-your-own, the equivalent stick count, for which the stamping agent during the period covered by the report affixed stamps or otherwise paid the tax due. The stamping agent shall maintain and make available to the tax commissioner all invoices and documentations of sales of all nonparticipating manufacturer cigarettes and any other information the agent relies upon in submitting information under this division to the tax commissioner. This duty shall be for a period of five years from the date of each submission of information under this division. (B) The attorney general at any time may require a nonparticipating manufacturer to provide proof, from the financial institution in which the manufacturer has established a qualified escrow fund under section 1346.02 of the Revised Code, of the amount of money in the fund, exclusive of interest, the amount and date of each deposit in the fund, and the amount and date of each withdrawal from the fund. (C) In addition to the information required to be submitted or provided to the tax commissioner and the attorney general under divisions (A) and (B) of this section, the attorney general may require a stamping agent or tobacco product manufacturer to submit any additional information necessary to enable the attorney general to determine whether a manufacturer is in compliance with sections 1346.05 to 1346.10 of the Revised Code. The information shall include, but is not limited to, samples of the packaging or labeling of each brand family. (D) The tax commissioner and the attorney general shall share information received under sections 1346.05 to 1346.10 of the Revised Code for purposes of determining compliance with and enforcement of those sections. The tax commissioner and the attorney general also may share information received under these sections with federal, state, or local agencies for purposes of the enforcement of this chapter or corresponding laws of other states.
Ohio Rev. Code § 1345.73 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.73
§ 1345.73. Presumptions
Status: in_force

September 29, 2011 House Bill 153 - 129th General Assembly (A) Except as provided in division (B) of this section, it shall be presumed that a reasonable number of attempts have been undertaken by the manufacturer, its dealer, or its authorized agent to conform a motor vehicle to any applicable express warranty if, during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, any of the following apply: (1) Substantially the same nonconformity has been subject to repair three or more times and either continues to exist or recurs; (2) The vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days; (3) There have been eight or more attempts to repair any nonconformity; (4) There has been at least one attempt to repair a nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity either continues to exist or recurs. (B)(1) Any period of time described in division (A) of this section shall be extended by any period of time during which the vehicle could not be reasonably repaired due to war, invasion, civil unrest, strike, fire, flood, or natural disaster. (2) If an extension of time is necessitated under division (B)(1) of this section due to the conditions described in that division, the manufacturer shall arrange for the use of a vehicle for the consumer whose vehicle is out of service at no cost to the consumer. If the manufacturer utilizes or contracts with a motor vehicle dealer or other third party to provide the vehicle, the manufacturer shall reimburse the motor vehicle dealer or other third party at a reasonable rate for the use of the vehicle.
Ohio Rev. Code § 1302.57 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.57
§ 1302.57. Buyer's right to inspection of goods - UCC 2-513
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Unless otherwise agreed and subject to division (C) of this section, where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (B) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected. (C) Unless otherwise agreed and subject to the provisions of division (C) of section 1302.34 of the Revised Code, the buyer is not entitled to inspect the goods before payment of the price when the contract provides: (1) for delivery "C.O.D" or on other like terms; or (2) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection. (D) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract.
Ohio Rev. Code § 1313.39 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.39
§ 1313.39. Presentation of claims
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Creditors must present their claims within six months after publication of the notice provided for in section 1313.14 of the Revised Code, unless further time is given by the probate court for their allowance. The assignee or trustee for the benefit of creditors shall indorse his allowance or rejection thereon. Persons whose claims are rejected are required to bring suit against such assignee or trustee to enforce such claims within thirty days after they were rejected. If a claimant recovers, the judgment shall be against the assignee or trustee, that he allow the claim in settlement of his trusts, with or without the costs, as the court deems right.
Ohio Rev. Code § 1349.43 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.43
§ 1349.43. Internet database - violations and enforcement information
Status: in_force

October 17, 2019 House Bill 166 - 133rd General Assembly (A) As used in this section, "loan officer," "mortgage broker," and "nonbank mortgage lender" have the same meanings as in section 1345.01 of the Revised Code. (B) The department of commerce shall establish and maintain an electronic database accessible through the internet that contains information on all of the following: (1) The enforcement actions taken by the superintendent of financial institutions for each violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, upon final disposition of the action; (2) The enforcement actions taken by the attorney general under Chapter 1345. of the Revised Code against loan officers, mortgage brokers, and nonbank mortgage lenders, upon final disposition of each action; (3) All judgments by courts of this state, concerning which appellate remedies have been exhausted or lost by the expiration of the time for appeal, finding either of the following: (a) A violation of any provision of Chapter 1322. of the Revised Code; (b) That specific acts or practices by a loan officer, mortgage broker, or nonbank mortgage lender violate section 1345.02 , 1345.03 , or 1345.031 of the Revised Code. (C) The attorney general shall notify the department of all enforcement actions and judgments described in divisions (B)(2) and (3)(b) of this section. (D) The department may adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to implement this section. (E) The electronic database maintained by the department in accordance with this section shall not include information that, pursuant to section 1322.36 of the Revised Code, is confidential. (F) The department may use the multistate licensing system authorized in section 1181.23 of the Revised Code to fulfill its obligations under this section.
Ohio Rev. Code § 1331.14 — Ohio Revised Code / Title 13 / Chapter 1331 / § 1331.14
§ 1331.14. Cumulative provisions
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Sections 1331.01 to 1331.13 , inclusive, of the Revised Code are cumulative of each other and of all other laws in any manner affecting them.
Ohio Rev. Code § 1303.66 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.66
§ 1303.66. Discharge and effect of discharge - UCC 3-601
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract. (B) The discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
Ohio Rev. Code § 1333.69 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.69
§ 1333.69. Title of act
Status: in_force

July 20, 1994 House Bill 320 - 120th General Assembly Sections 1333.61 to 1333.69 of the Revised Code may be cited as the "Uniform Trade Secrets Act."
Ohio Rev. Code § 1303.12 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.12
§ 1303.12. Interest - UCC 3-112
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) Unless otherwise provided in the instrument, both of the following apply: (1) An instrument is not payable with interest. (2) Interest on an interest-bearing instrument is payable from the date of the instrument. (B) Interest may be stated in an instrument as a fixed or variable amount of money, or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.
Ohio Rev. Code § 1310.32 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.32
§ 1310.32. Subsequent lease of goods by lessor - UCC 2A-304
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Subject to section 1310.31 of the Revised Code, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer and, except as provided in division (B) of this section and division (D) of section 1310.73 of the Revised Code, takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though any of the following applies: (1) The lessor's transferor was deceived as to the identity of the lessor. (2) The delivery was in exchange for a check that is later dishonored. (3) It was agreed that the transaction was to be a "cash sale." (4) The delivery was procured through fraud punishable as a theft offense under Chapter 2913. of the Revised Code or another law. (B) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods and takes free of the existing lease contract. (C) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under Chapter 1548., 4505., or 4585. of the Revised Code or a similar law of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title law.
Ohio Rev. Code § 1313.20 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.20
§ 1313.20. Examination of assignor
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly On application of an assignee for the benefit of creditors or of a creditor, or without application, the probate judge may require the assignor, upon reasonable notice, to attend and submit to an examination on oath as to the disposal of his property, his trade and dealings with others, and his accounts concerning them, as to all debts due or claimed from him, and to all other matters concerning his property and estate, and the due settlement thereof, which examination, at the request of any party to the proceeding, may be reduced to writing.
Ohio Rev. Code § 1333.41 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.41
§ 1333.41. Lien of bailee for hire on personal property - enforcement of lien
Status: in_force

July 22, 1994 House Bill 530 - 120th General Assembly (A) Except as provided in division (E) of this section, a bailee for hire who performs services or provides materials with respect to any personal property, has a lien on the personal property to secure the reasonable value of the services he performs and the materials he provides. The lien shall be subject to prior recorded liens on the personal property. If the owner or legal possessor of the personal property, within thirty days after he has received notice that the bailee for hire has completed performing his services or providing materials, does not claim the personal property or commence litigation to claim the property, or alternatively, in the case of an owner or legal possessor who is the owner of, or the principal contractor associated with, a public or private construction project, does not deposit a surety bond in accordance with section 1333.42 of the Revised Code or file an application as described in division (D) of that section with the appropriate court of common pleas, then the bailee for hire may enforce the lien pursuant to the procedure in this section. (B) To enforce the lien created by division (A) of this section, a bailee for hire shall do all of the following: (1) Send a written notice as described in division (C) of this section by certified mail, return receipt requested, to the owner or legal possessor of the personal property and to any person who holds a security interest in it, at least thirty days after the bailee for hire has completed performing his services or providing materials with respect to the personal property. (2) If any of the copies of the certified mail notice sent pursuant to division (B)(1) of this section is refused and the envelope containing the notice is returned with an endorsement showing that refusal, or if any of the copies is unclaimed and the envelope containing it is returned with an endorsement to that effect, send a copy of the written notice as described in division (C) of this section by ordinary mail, evidenced by a certificate of mailing, to the owner or legal possessor of the personal property or to the person who holds a security interest in the personal property, whichever situation applies, at least seven days prior to the proposed date of the sale of the personal property. For purposes of determining the date on which a bailee for hire may commence the enforcement of a lien as provided in division (A) of this section, a notice sent by ordinary mail shall be deemed received within three days after the date of its certificate of mailing. (3) Obtain from a disinterested person a written appraisal of the value of the personal property. (4) If the personal property is appraised at five hundred dollars or more, place a classified advertisement in a newspaper of general circulation in the county in which the personal property is located, which advertisement shall describe the personal property and include a statement that is substantially similar to the following statement: "On or after (insert the date specified in the written notice described in division (C) of this section), the described personal property will be sold pursuant to section 1333.41 of the Ohio Revised Code." (C) The written notice required by divisions (B)(1) and (2) of this section shall include all of the following: (1) A notice of the lien created by division (A) of this section; (2) A description of the personal property that is the subject of the lien; (3) An itemized statement that represents the reasonable value of the services performed and the materials provided by the bailee for hire that are secured by the lien; (4) A legible statement relative to the potential sale of the personal property, in substantially the following form: "Any personal property that is not claimed within thirty days after its owner or legal possessor has received notice that the bailee for hire has completed performing any service on the property or providing any material for the property can be sold pursuant to section 1333.41 of the Ohio Revised Code. (Insert only if applicable to the proposed sale of particular personal property: "alternatively, personal property may be sold pursuant to section 1333.41 of the Revised Code if its owner or legal possessor is the owner of, or the principal contractor associated with, a public or private construction project and fails to deposit a surety bond in accordance with section 1333.42 of the Revised Code or file an application as described in division (D) of that section with the appropriate court of common pleas within thirty days after the owner or principal contractor has received notice that the bailee for hire has completed performing any service on the property or providing any material for the property.") The sale of the personal property described in this notice and with respect to which I have performed services or provided materials will occur on or after (insert a date that is at least thirty days after the date on which the written notice sent pursuant to division (B)(1) or (2) of this section was received by the owner or legal possessor), unless the owner or legal possessor of that personal property makes a reasonable attempt to claim it and pay the reasonable value of the services performed and of the materials provided by me prior to that date or unless the owner or legal possessor of that personal property commences litigation to claim or take possession of the property prior to that date (insert only if applicable to the proposed sale of particular personal property: "or unless, if the owner or legal possessor of that personal property is the owner of, or the principal contractor associated with, a public or private construction project, the owner or principal contractor deposits a surety bond in accordance with section 1333.42 of the Revised Code or files an application as described in division (D) of that section with the appropriate court of common pleas prior to that date")." (D)(1) A bailee for hire who wants to sell personal property pursuant to this section shall post a sign in a conspicuous location in his place of business that contains a statement in substantially the following form: "Personal property that is not claimed by its owner or legal possessor within thirty days after he receives notice that we have performed any service on it or provided any materials for it can be sold pursuant to section 1333.41 of the Ohio Revised Code. Any owner or legal possessor of personal property who is the owner of, or the principal contractor associated with, a public or private construction project has additional options to preclude such a sale and should consult section 1333.42 of the Revised Code." (2) After a bailee for hire has complied with divisions (B) and (C) of this section and if he has posted a sign as required by division (D)(1) of this section, he may sell the personal property that is the subject of the lien in a reasonable manner and for the best obtainable price that is not less than two-thirds of the appraised value of the personal property. Upon the sale of the personal property pursuant to this section, the claim of the bailee for hire for the reasonable value of the services he performed and of the materials he provided is canceled. The proceeds of the sale shall be applied as follows: (a) First, to the costs of the written notice provided pursuant to division (B)(1) and, if necessary, division (B)(2) of this section, to the cost of any newspaper advertisement required by this section, and to the cost of the sale of the property; (b) Second, to the reasonable value of the services performed and of the materials provided by the bailee for hire; (c) If the proceeds of the sale exceed the total of the costs of the provision of the written notice pursuant to division (B)(1) and, if necessary, division (B)(2) of this section, the cost of any newspaper advertisement required by this section, the cost of the sale, and the reasonable value of the services performed and of the materials provided by the bailee for hire, the balance shall be paid as follows: (i) First, to any person who holds any encumbrance on the personal property; (ii) Second, any remaining balance to the owner or legal possessor of the personal property. (3) A bailee for hire shall not sell any personal property that is the subject of a lien as provided in division (A) of this section, if, at any time before the sale pursuant to division (D)(2) of this section has been accomplished, the owner or legal possessor of the personal property has done any of the following: (a) Commenced any litigation to claim or take possession of the property; (b) Made a reasonable effort to claim the property and pay the reasonable value of the services performed and of the materials provided by the bailee for hire; (c) If the owner or legal possessor of the personal property is the owner of, or the principal contractor associated with, a public or private construction project, deposited a surety bond in accordance with section 1333.42 of the Revised Code or filed an application as described in division (D) of that section with the appropriate court of common pleas. (E) This section does not apply to a bailee for hire who performs any service or provides any materials with respect to motor vehicles, as defined in section 4501.01 of the Revised Code; to a bailee for hire who is authorized to sell garments, clothing, wearing apparel, or household goods pursuant to sections 1333.22 to 1333.28 of the Revised Code; or to any other bailee for hire with respect to whom one or more sections of the Revised Code specify a procedure for selling personal property to obtain the amount due to the bailee for hire for services rendered or materials provided.
Ohio Rev. Code § 1302.86 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.86
§ 1302.86. Cover defined - buyer's procurement of substitute goods - UCC 2-712
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) After a breach within the preceding section, the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (B) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as defined in section 1302.89 of the Revised Code, but less expenses saved in consequence of the seller's breach. (C) Failure of the buyer to effect cover within this section does not bar him from any other remedy.
Ohio Rev. Code § 1313.03 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.03
§ 1313.03. Appointment of a trustee
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If ten days after the execution of an assignment for the benefit of creditors, the original or a copy of it has not been filed in the probate court, or if the assignee named thereon fails for that time to give bond, on application of the assignor, or any of his creditors, the court shall make an order removing such assignee and appoint a trustee in his place. If more than one assignee is named in the assignment, and some fail to give bond, the court may permit the assignee complying with sections 1313.01 and 1313.02 of the Revised Code to qualify and enter upon the discharge of the duties of the trust.
Ohio Rev. Code § 1310.59 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.59
§ 1310.59. Cure by lessor of improper tender or delivery - replacement - UCC 2A-513
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) If any tender or delivery by the lessor or supplier is rejected because it is nonconforming and if the time for performance has not yet expired, the lessor or supplier seasonably may notify the lessee of the lessor's or supplier's intention to cure and then may make a conforming delivery within the time provided in the lease contract. (B) If the lessee rejects a nonconforming tender that the lessor or supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee.
Ohio Rev. Code § 1309.507 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.507
§ 1309.507. Effect of certain events on effectiveness of financing statement - UCC 9-507
Status: in_force

July 1, 2013 Senate Bill 208 - 129th General Assembly (A) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (B) Except as otherwise provided in division (C) of this section and section 1309.508 of the Revised Code, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under section 1309.506 of the Revised Code. (C) If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under division (A) of section 1309.503 of the Revised Code so that the financing statement becomes seriously misleading under section 1309.506 of the Revised Code: (1) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the filed financing statement becomes seriously misleading; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement that renders the financing statement not seriously misleading is filed within four months after the financing statement became seriously misleading.
Ohio Rev. Code § 1310.67 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.67
§ 1310.67. Lessee's right to specific performance or replevin - UCC 2A-521
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Specific performance may be decreed if the goods are unique or in other proper circumstances. (B) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just. (C) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if, after reasonable effort, the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
Ohio Rev. Code § 1332.09 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.09
§ 1332.09. Actions for declaratory or injunctive relief - findings of arbitration opinion
Status: in_force

October 5, 2000 Senate Bill 67 - 123rd General Assembly (A) A political subdivision subject to division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory relief in the court of common pleas in the county in which the political subdivision is located or in any county of this state in which the political subdivision is a public cable service provider. (B) A person that is or is likely to be adversely affected by a violation of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code may bring a civil action for declaratory or injunctive relief in such a court of common pleas. Such person that is or is likely to be adversely affected includes a person that provides, or has filed a pending application to provide, within the jurisdiction of the political subdivision, cable service over a cable system, and includes any other political subdivision in which such allegedly noncomplying political subdivision is, or has filed a pending application to become, a public cable service provider. (C)(1) If an arbitration opinion under section 1332.08 of the Revised Code contains a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision fails to rectify the violation promptly, and any person adversely affected by the violation substantially prevails in a subsequent civil action against the political subdivision under division (B) of this section regarding the violation not promptly rectified, the political subdivision is liable to the person for the person's costs and reasonable attorney's fees incurred in connection with the civil action. (2) If an arbitration opinion under section 1332.08 of the Revised Code does not contain a finding of a violation by a political subdivision of division (A), (B), or (C) of section 1332.04 or division (C) of section 1332.05 of the Revised Code and the political subdivision substantially prevails in a subsequent civil action brought against it under division (B) of this section respecting an alleged violation, the complainants in the civil action are liable to the political subdivision for its costs and reasonable attorney's fees incurred in connection with the civil action. (3) The court shall exercise its equitable discretion in determining the appropriate amount of attorney's fees to be awarded under division (C)(1) or (2) of this section. In exercising that discretion, the court shall consider at least all of the following: the degree to which the party partially prevailed, the reasonableness of the party's action, the reasonableness of the arbitrator's decision, the effort or lack of effort of the parties to reach a settlement, and the good faith or lack of good faith of the parties.
Ohio Rev. Code § 1327.511 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.511
§ 1327.511. Scale certification fund
Status: in_force

June 30, 2011 House Bill 153 - 129th General Assembly All money collected under sections 1327.50 and 1327.501 of the Revised Code from fees and for services rendered by the department of agriculture in operating the type evaluation program, a metrology laboratory program, and the device permitting program shall be deposited in the state treasury to the credit of the metrology and scale certification and device permitting fund, which is hereby created. Money credited to the fund shall be used to pay operating costs incurred by the department in administering the programs.
Ohio Rev. Code § 1321.402 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.402
§ 1321.402. Prepayment or refinancing prior to short-term loan maturity date
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly If a short-term loan is prepaid in full or refinanced prior to the loan's maturity date, the licensee shall refund to the borrower a prorated portion of the interest, monthly maintenance fees, and all other charges based on a ratio of the number of days the loan was outstanding and the number of days for which the loan was originally contracted. For purposes of this section, the monthly maintenance fee is not considered to be fully earned at the beginning of a month. Last updated November 4, 2021 at 4:08 PM
Ohio Rev. Code § 1311.72 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.72
§ 1311.72. Lien for storage, labor, or materials for aircraft
Status: in_force

April 9, 2025 House Bill 77 - 135th General Assembly (A) Except as provided in division (B) of this section, any person who performs labor upon, stores, or furnishes materials for an aircraft has a lien upon the aircraft to secure payment for the labor, storage, and materials. Except as provided in division (B) of this section, any person who owns or operates an airport or repair shop and whose employee performs labor upon, stores, or furnishes materials for an aircraft has a lien upon the aircraft to secure payment for the labor, storage, and materials. (B) Unless the aircraft is an abandoned aircraft, no person shall have a lien pursuant to division (A) of this section if the person has possession of the aircraft or if the cost of the storage, the labor performed, or the materials furnished for the aircraft is greater than or equal to one thousand dollars and the owner of the aircraft has not requested or consented to the performance of the storage, labor, or furnishing of the materials. (C) A lien that arises under this section is valid against any person except a purchaser or encumbrancer who in good faith, without notice, and for value acquired rights prior to the recording of an affidavit for lien pursuant to section 1311.73 of the Revised Code. Last updated March 20, 2025 at 2:21 PM
Ohio Rev. Code § 1309.626 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.626
§ 1309.626. Action in which deficiency or surplus is in issue - UCC 9-626
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (A) A secured party is not required to prove compliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. (B) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with sections 1309.601 to 1309.628 of the Revised Code. (C) Except as provided in section 1309.628 of the Revised Code, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of: (1) The proceeds of the collection, enforcement, disposition, or acceptance; or (2) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance. (D) For purposes of division (C)(2) of this section, the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum. (E) If a deficiency or surplus is calculated under division (F) of section 1309.615 of the Revised Code, the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.