Ohio Rev. Code § 1321.52 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.52
§ 1321.52. Registrants may make general loans; choice of law; security; superintendent authority
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly (A)(1) A registrant may make loans, other than a residential mortgage loan as defined in section 1322.01 of the Revised Code, on terms and conditions provided by sections 1321.51 to 1321.60 of the Revised Code. (2) Each person issued a certificate of registration is subject to all the rules prescribed under sections 1321.51 to 1321.60 of the Revised Code. (B)(1) All loans made to persons who at the time are residents of this state are considered as made within this state and subject to the laws of this state, regardless of any statement in the contract or note to the contrary, except if the loan is for the purpose of purchasing goods acquired by the borrower when the borrower is outside of this state, the loan may be governed by the laws of the other state. (2) Nothing in division (B)(1) of this section prevents a choice of law or requires registration of persons outside of this state in a transaction involving the solicitation of residents of this state to obtain non-real estate secured loans that require the borrowers to physically visit a lender's out-of-state office to apply for and obtain the disbursement of loan funds. (C) A registrant may make unsecured loans and loans secured by other than residential real estate or a dwelling as those terms are defined in section 1322.01 of the Revised Code. (D) For the purpose of registering persons under and requiring compliance with sections 1321.51 to 1321.60 of the Revised Code, the superintendent may do any of the following: (1) Require any person registered under or applying for registration under these sections to do both of the following: (a) Utilize the national multistate licensing system for application, renewal, amendment, or surrender of a license or for any other activity as the superintendent may require; (b) Pay all applicable charges to utilize the national multistate licensing system. (2) Establish requirements as necessary for the use of the national multistate licensing system to meet the purposes of these sections, including: (a) Background checks for: (i) Criminal history through fingerprint or other databases; (ii) Civil or administrative records; (iii) Credit history; (iv) Any other information considered necessary by the national multistate licensing system or the superintendent. (b) The payment of fees to apply for or renew licenses through the multistate licensing system; (c) The setting or resetting of renewal or reporting dates; (d) Requirements for amending or surrendering a license or any other such activities as the superintendent considers necessary for participation in the national multistate licensing system. Last updated November 5, 2021 at 3:01 PM
Ohio Rev. Code § 1309.105 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.105
§ 1309.105. Control of electronic chattel paper - UCC 9-105
Status: in_force

July 1, 2013 Senate Bill 208 - 129th General Assembly (A) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. (B) A system satisfies division (A) of this section if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that: (1) A single authoritative copy of the record or records exists that is unique, identifiable, and, except as otherwise provided in divisions (B)(4), (5), and (6) of this section, unalterable; (2) The authoritative copy identifies the secured party as the assignee of the record or records; (3) The authoritative copy is communicated to and maintained by the secured party or its designated custodian; (4) Copies or amendments that add or change an identified assignee of the authoritative copy may be made only with the consent of the secured party; (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
Ohio Rev. Code § 1345.68 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.68
§ 1345.68. Effect on other obligations, rights, or remedies
Status: in_force

March 28, 1985 House Bill 385 - 115th General Assembly Sections 1345.61 to 1345.68 of the Revised Code do not annul or limit any obligations, rights, or remedies that might otherwise be applicable or available under the laws of this state.
Ohio Rev. Code § 1307.603 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.603
§ 1307.603. Conflicting claims; interpleader - UCC 7-603
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Conflicting claims; interpleader [UCC 7-603] If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.
Ohio Rev. Code § 1306.15 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.15
§ 1306.15. Control of transferable record
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) As used in this section, "transferable record" means an electronic record that satisfies both of the following: (1) The transferable record would be a note under Chapter 1303. or a document under Chapter 1307. of the Revised Code, if the electronic record were in writing. (2) The issuer of the electronic record expressly has agreed that it is a transferable record. (B) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (C) A system satisfies division (B) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that satisfies all of the following: (1) A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as provided in divisions (C)(4) to (6) of this section, unalterable. (2) The authoritative copy identifies the person asserting control as either of the following: (a) The person to which the transferable record was issued; (b) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record most recently was transferred. (3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian. (4) Copies or revisions that add or change an identified assignee of the authoritative copy may be made only with the consent of the person asserting control. (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy. (6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (D)(1) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in section 1301.201 of the Revised Code, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the uniform commercial code. If the applicable statutory requirements under section 1303.32 , 1307.501 , or 1309.27 of the Revised Code are satisfied, these rights and defenses include the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. (2) Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under division (D)(1) of this section. (E) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the uniform commercial code. (F)(1) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. (2) Proof required by division (F)(1) of this section may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Ohio Rev. Code § 1310.63 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.63
§ 1310.63. Revocation of acceptance of goods - UCC 2A-517
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if either of the following applies: (1) Except in the case of a finance lease, the lessee has accepted it on the reasonable assumption that its nonconformity would be cured, and it has not been seasonably cured. (2) The lessee has accepted it without discovery of the nonconformity, if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance. (B) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee. (C) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor. (D) Revocation of acceptance shall occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in the condition of the goods that is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor. (E) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Ohio Rev. Code § 1327.70 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.70
§ 1327.70. Uniform motor fuel quality testing program
Status: in_force

June 30, 2007 House Bill 67 - 127th General Assembly (A) As used in this section: (1) "Diesel fuel" has the same meaning as in section 5735.01 of the Revised Code. (2) "Motor fuel" means gasoline or diesel fuel that is sold by a retailer. (B) The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code establishing a motor fuel quality testing program that is uniform throughout the state.
Ohio Rev. Code § 1337.10 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.10
§ 1337.10. Fees of recorder - microfilm process
Status: in_force

February 1, 2002 House Bill 279 - 124th General Assembly The county recorder shall charge the same fee for the recording of a power of attorney authorizing the transfer of personal property or the transaction of business relating to the transfer of personal property, the indexing of that instrument, and for making a certified copy of the record of the instrument, that the recorder is allowed by section 317.32 of the Revised Code to charge for similar services in regard to other instruments. In a county in which the county recorder has determined to use the microfilm process as provided by section 9.01 of the Revised Code, the recorder may require that all cancellations, releases, or other actions affecting recorded powers of attorney be by separate instrument, signed and acknowledged as provided by section 5301.01 of the Revised Code. The original instrument bearing the proper endorsement may be used as that separate instrument. Any cancellations, releases, or other actions described in this section shall be recorded in the books in which the powers of attorney were recorded. The fee for recordation shall be as set forth in this section.
Ohio Rev. Code § 1319.12 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.12
§ 1319.12. Taking assignment of debts
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly (A)(1) As used in this section, "collection agency" means any person who, for compensation, contingent or otherwise, or for other valuable consideration, offers services to collect an alleged debt asserted to be owed to another. (2) "Collection agency" does not mean a person whose collection activities are confined to and directly related to the operation of another business, including, but not limited to, the following: (a) Any bank, including the trust department of a bank, trust company, savings and loan association, savings bank, credit union, or fiduciary as defined in section 5815.04 of the Revised Code, except those that own or operate a collection agency; (b) Any real estate broker or real estate salesperson, as defined in section 4735.01 of the Revised Code; (c) Any retail seller collecting its own accounts; (d) Any insurance company authorized to do business in this state under Title XXXIX of the Revised Code or a health insuring corporation authorized to operate in this state under Chapter 1751. of the Revised Code; (e) Any public officer or judicial officer acting under order of a court; (f) Any licensee as defined either in section 1321.01 or 1321.71 of the Revised Code, any registrant as defined in section 1321.51 of the Revised Code, or any person registered as a mortgage lender under Chapter 1322. of the Revised Code; (g) Any public utility; (h) Any person registered to sell interment rights under section 4767.031 of the Revised Code. (B) A collection agency with a place of business in this state may take assignment of another person's accounts, bills, or other evidences of indebtedness in its own name for the purpose of billing, collecting, or filing suit in its own name as the real party in interest. (C) No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements: (1) The assignment was voluntary, properly executed, and acknowledged by the person transferring title to the collection agency. (2) The collection agency did not require the assignment as a condition to listing the account, bill, or other evidence of indebtedness with the collection agency for collection. (3) The assignment was manifested by a written agreement separate from and in addition to any document intended for the purpose of listing the account, bill, or other evidence of indebtedness with the collection agency. The written agreement shall state the effective date of the assignment and the consideration paid or given, if any, for the assignment and shall expressly authorize the collection agency to refer the assigned account, bill, or other evidence of indebtedness to an attorney admitted to the practice of law in this state for the commencement of litigation. The written agreement also shall disclose that the collection agency may consolidate, for purposes of filing an action, the assigned account, bill, or other evidence of indebtedness with those of other creditors against an individual debtor or co-debtors. (4) Upon the effective date of the assignment to the collection agency, the creditor's account maintained by the collection agency in connection with the assigned account, bill, or other evidence of indebtedness was canceled. (D) A collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness in a court of competent jurisdiction located in the county in which the debtor resides, or in the case of co-debtors, a county in which at least one of the co-debtors resides. (E) No collection agency shall commence any litigation authorized by this section unless the agency appears by an attorney admitted to the practice of law in this state. (F) This section does not affect the powers and duties of any person described in division (A)(2) of this section. (G) Nothing in this section relieves a collection agency from complying with the "Fair Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any debtor of the right to assert defenses as provided in section 1317.031 of the Revised Code and 16 C.F.R. 433, as amended. (H) For purposes of filing an action, a collection agency that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, or other evidences of indebtedness of one or more creditors against an individual debtor or co-debtors. Each separate assigned account, bill, or evidence of indebtedness must be separately identified and pled in any consolidated action authorized by this section. If a debtor or co-debtor raises a good faith dispute concerning any account, bill, or other evidence of indebtedness, the court shall separate each disputed account, bill, or other evidence of indebtedness from the action and hear the disputed account, bill, or other evidence of indebtedness on its own merits in a separate action. The court shall charge the filing fee of the separate action to the losing party.
Ohio Rev. Code § 1307.503 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.503
§ 1307.503. Document of title to goods defeated in certain cases - UCC 7-503
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Document of title to goods defeated in certain cases [UCC 7-503] (A) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (a) Actual or apparent authority to ship, store, or sell; (b) Power to obtain delivery under section 1307.403 of the Revised Code; or (c) Power of disposition under division (C) of section 1309.321 or section 1302.44 , 1309.320 , 1310.32 , or 1310.33 of the Revised Code, or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document. (B) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under section 1307.504 of the Revised Code to the same extent as the rights of the issuer or a transferee from the issuer. (C) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with sections 1307.401 to 1307.404 of the Revised Code pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Ohio Rev. Code § 1345.72 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.72
§ 1345.72. Duty to repair - repair unsuccessful
Status: in_force

September 15, 1999 House Bill 21 - 123rd General Assembly (A) If a new motor vehicle does not conform to any applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make any repairs as are necessary to conform the vehicle to such express warranty, notwithstanding the fact that the repairs are made after the expiration of the appropriate time period. (B) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of repair attempts, the manufacturer, at the consumer's option and subject to division (D) of this section, either shall replace the motor vehicle with a new motor vehicle acceptable to the consumer or shall accept return of the vehicle from the consumer and refund each of the following: (1) The full purchase price; (2) All incidental damages, including, but not limited to, any fees charged by the lender or lessor for making or canceling the loan or lease, and any expenses incurred by the consumer as a result of the nonconformity, such as charges for towing, vehicle rental, meals, and lodging. (C) Nothing in this section imposes any liability on a new motor vehicle dealer or creates a cause of action by a buyer against a new motor vehicle dealer. (D) Sections 1345.71 to 1345.78 of the Revised Code do not affect the obligation of a consumer under a loan or retail installment sales contract or the interest of any secured party, except as follows: (1) If the consumer elects to take a refund, the manufacturer shall forward the total sum required under division (B) of this section by an instrument jointly payable to the consumer and any lienholder that appears on the face of the certificate of title or the lessor. Prior to disbursing the funds to the consumer, the lienholder or lessor may deduct the balance owing to it, including any fees charged for canceling the loan or the lease and refunded pursuant to division (B) of this section, and shall immediately remit the balance if any, to the consumer and cancel the lien or the lease. (2) If the consumer elects to take a new motor vehicle, the manufacturer shall notify any lienholder noted on the certificate of title under section 4505.13 of the Revised Code or the lessor. If both the lienholder or the lessor and the consumer consent to finance or lease the new motor vehicle obtained through the exchange in division (B) of this section, the lienholder or the lessor shall release the lien on or surrender the title to the nonconforming motor vehicle after it has obtained a lien on or title to the new motor vehicle. If the existing lienholder or lessor does not finance or lease the new motor vehicle, it has no obligation to discharge the note or cancel the lien on or surrender the title to the nonconforming motor vehicle until the original indebtedness or the lease terms are satisfied.
Ohio Rev. Code § 1302.58 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.58
§ 1302.58. When documents deliverable on acceptance - when on payment - UCC 2-514
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.
Ohio Rev. Code § 1319.08 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.08
§ 1319.08. Use of postclosing solvency covenant
Status: in_force

March 27, 2013 House Bill 479 - 129th General Assembly (A) A postclosing solvency covenant shall not be used, directly or indirectly, as a nonrecourse carveout or as the basis for any claim or action against a borrower or any guarantor or other surety on a nonrecourse loan. (B) A provision in the documents for a nonrecourse loan that does not comply with division (A) of this section is invalid and unenforceable.
Ohio Rev. Code § 1309.501 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.501
§ 1309.501. Filing office - UCC 9-501
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as provided in division (B) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) The office designated for the filing or recording of a record of a mortgage on the related real property, if: (a) The collateral is as-extracted collateral or timber to be cut; or (b) The financing statement is filed as a fixture filing, and the collateral is goods that are or are to become fixtures. (2) The office of the secretary of state or any office duly authorized by the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures, and the financing statement is not filed as a fixture filing. (B) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement that is or is to become fixtures.
Ohio Rev. Code § 1303.65 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.65
§ 1303.65. Evidence of dishonor - UCC 3-505
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (1) A document regular in form as provided in division (B) of this section that purports to be a protest; (2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; (3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business that shows dishonor, even if there is no evidence of who made the entry. (B) A "protest" is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. A protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
Ohio Rev. Code § 1304.83 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.83
§ 1304.83. Preclusion of objection to debit of customer's account - UCC 4A-505
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one year after the notification was received by the customer.
Ohio Rev. Code § 1335.11 — Ohio Revised Code / Title 13 / Chapter 1335 / § 1335.11
§ 1335.11. Paying commission on sales
Status: in_force

October 29, 1999 Senate Bill 18 - 123rd General Assembly (A) As used in this section: (1) "Commission" means compensation accruing to a person for payment by another person, the rate of which is expressed as a percentage of the dollar amount of orders, sales, or profits. (2) "Principal" means a person who does all of the following: (a) Engages in either of the following: (i) The business of manufacturing, producing, importing, or distributing one or more products for sale to customers who purchase products for resale or for consumption or utilization in the manufacturing process; (ii) The business of providing services to customers. (b) Utilizes one or more sales representatives to solicit orders for those products or orders for those services; (c) Compensates the sales representatives in whole or in part by commission. (3) "Sales representative" means a person who contracts with a principal to solicit orders for a product or orders for the provision of services and who is compensated, in whole or in part, by commission, but does not include a person who places orders for or purchases the product for that person's own account for resale or places orders for the provision of or purchases services for that person's own account, a person who is an employee of a principal, or a person who contracts with a principal to solicit within this state orders for a product or orders for the performance of services and who is not compensated, in whole or in part, by commission. (4) "Termination" means the end of the performance of services by a sales representative for a principal, including discharge of the sales representative by the principal, resignation of the sales representative, or expiration of the contract between the sales representative and the principal. (B) For purposes of this section, the time at which a commission is due to a sales representative shall be determined in the following manner: (1) If the contract between the principal and the sales representative is in writing and its terms unambiguously and clearly specify when the commission is due, the terms of the contract shall control the determination. (2) If the contract between the principal and the sales representative is not in writing, or if the contract between them is in writing but its terms do not specify when the commission is due or its terms are ambiguous or unclear, the past practice used by the principal and the sales representative shall control the determination. (3) If neither division (B)(1) nor (B)(2) of this section can be used to clearly ascertain when a commission is due, the custom and usage prevalent in this state for the principal's and sales representative's industry shall control the determination. (C) Upon the termination of a contract between a principal and a sales representative for the solicitation of orders for a product or orders for services, the principal shall pay the sales representative all commissions due the sales representative at the time of the termination within thirty days of the termination and shall pay the sales representative all commissions that become due after the termination within thirteen days of the date on which the commissions become due. (D) A principal who fails to comply with division (C) of this section or with any contractual provision concerning timely payment of commissions due upon termination of a contract with a sales representative is liable in a civil action for exemplary damages in an amount not to exceed three times the amount of the commissions owed to the sales representative if the sales representative proves that the principal's failure to comply with division (C) of this section or the contractual provision constituted willful, wanton, or reckless misconduct or bad faith. If a principal receives a written demand for payment of the commissions owed to a sales representative that was sent by certified mail, the failure of the principal to respond to the written demand in writing within twenty days after the principal receives the written demand shall raise a presumption that the principal acted willfully and in bad faith. The prevailing party in an action brought under this section is entitled to reasonable attorney's fees and court costs. (E) Division (A)(1) of section 2307.382 of the Revised Code applies to a principal who is not a resident of this state and who enters into an agreement with a sales representative for the solicitation of orders in this state, to authorize the exercise by a court of personal jurisdiction over the principal. (F) Any provision in any contract between a sales representative and principal is void if it purports to do any of the following: (1) Waive any of the provisions of this section; (2) Make the contract subject to the laws of another state; (3) Limit the right of the sales representative to initiate litigation or alternative dispute resolution in this state. (G) Nothing in this section invalidates or restricts any other or additional right or remedy available to a sales representative or precludes a sales representative from seeking to recover in one action on all claims against a principal. (H) This section does not apply to any person licensed by the superintendent of insurance to engage in the business of issuing or selling insurance, as defined in division (D) of section 3901.19 of the Revised Code. Disclaimer Contact About
Ohio Rev. Code § 1321.403 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.403
§ 1321.403. Short-term loan fee cap; exceptions
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly Notwithstanding any provision of sections 1321.35 to 1321.48 of the Revised Code to the contrary, a licensee shall not charge, collect, or receive in connection with a short-term loan a total amount of fees and charges that exceeds sixty per cent of the originally contracted loan amount. For purposes of this section, all charges made in connection with the loan shall be included when calculating the total loan charges except for all of the following: (A) The check collection charge authorized under section 1321.40 of the Revised Code; (B) The check cashing fee authorized under section 1321.40 of the Revised Code; (C) The interest charges on a loan that is refinanced in accordance with section 1321.401 of the Revised Code. Last updated November 4, 2021 at 4:09 PM
Ohio Rev. Code § 1332.33 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.33
§ 1332.33. Video service provider fee audit
Status: in_force

September 24, 2007 Senate Bill 117 - 127th General Assembly (A) At its sole expense and not more often than once per calendar year, a municipal corporation or township may conduct an audit for the purpose of verifying the accuracy of a video service provider's calculation of the video service provider fees it paid to the municipal corporation or township in the audit period. For the purpose of the audit, the video service provider shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to its gross revenue as defined in division (B) of section 1332.32 of the Revised Code. The provider need not retain those records for longer than three years after the year for which the fee was payable, unless the municipal corporation or township has commenced an action under division (C) of this section. (B) A video service provider shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in section 1343.03 of the Revised Code. However, payment need not be made in that thirty-day period if the video service provider brings an action under division (D) of this section. (C)(1) No municipal corporation or township shall employ, appoint, or retain any person to conduct an audit under division (A) of this section for compensation that is dependent on the dollar amount of the audit findings. Divisions (C)(1) and (2) of this section do not prohibit or limit the hiring of legal counsel on a contingency fee basis to enforce the findings of an audit. (2) No person shall solicit or accept compensation that is dependent in any manner upon the outcome of an audit under division (A) of this section, including compensation dependent on the audit findings or the recovery of fees or other payment by the municipal corporation, township, or video service provider. (D) An action by the municipal corporation or township or by the video service provider to dispute the amount of video service provider fee due based on the audit results shall be brought in a court of competent jurisdiction not later than two years following the end of the quarter to which the disputed amount relates. (E) A municipal corporation or township shall be deemed to accept as full payment any payment of a video service provider fee that it does not challenge as provided under division (D) of this section.
Ohio Rev. Code § 1310.70 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.70
§ 1310.70. Lessor's right to identify goods to lease contract - UCC 2A-524
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) After default by the lessee under a lease contract of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code or, if agreed, after other default by the lessee, the lessor may do both of the following: (1) Identify to the lease contract conforming goods not already identified if, at the time the lessor learned of the default, they were in the lessor's or the supplier's possession or control. (2) Dispose of goods, as provided in division (A) of section 1310.73 of the Revised Code, that demonstrably have been intended for the particular lease contract even though those goods are unfinished. (B) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may complete manufacture and wholly identify the goods to the lease contract, cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value, or proceed in any other reasonable manner.
Ohio Rev. Code § 1302.55 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.55
§ 1302.55. Tender of payment by buyer - payment by check - UCC 2-511
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender and complete any delivery. (B) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it. (C) Subject to section 1303.61 of the Revised Code, payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.
Ohio Rev. Code § 1308.31 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.31
§ 1308.31. Purchaser's right to requisites for registration of transfer - UCC 8-307
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.
Ohio Rev. Code § 1355.04 — Ohio Revised Code / Title 13 / Chapter 1355 / § 1355.04
§ 1355.04. Input from applicable agencies
Status: in_force

March 14, 2023 Senate Bill 249 - 134th General Assembly The superintendent of financial institutions shall consult with all applicable agencies before admitting a person into the regulatory sandbox. This consultation may include seeking information about any of the following: (A) Whether the applicable agency previously has either: (1) Issued a license or other authorization to the applicant; (2) Investigated, sanctioned, or pursued legal action against the applicant. (B) Whether the applicant could obtain a license or other authorization from an applicable agency after exiting the regulatory sandbox. Last updated January 17, 2023 at 5:45 PM
Ohio Rev. Code § 1302.18 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.18
§ 1302.18. Open price term - UCC 2-305
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if: (1) nothing is said as to price; or (2) the price is left to be agreed by the parties and they fail to agree; or (3) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and if it is not so set or recorded. (B) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. (C) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. (D) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable to do so must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Ohio Rev. Code § 1305.02 — Ohio Revised Code / Title 13 / Chapter 1305 / § 1305.02
§ 1305.02. Scope - UCC 5-103
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) This chapter applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (B) The statement of a rule in this chapter does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this chapter. (C) With the exception of this division, divisions (A) and (D) of this section, divisions (A)(9) and (10) of section 1305.01 , division (D) of section 1305.05 , and division (D) of section 1305.13 , and except to the extent prohibited in section 1301.302 and division (D) of section 1305.16 of the Revised Code, the effect of this chapter may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this chapter. (D) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
Ohio Rev. Code § 1349.45 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.45
§ 1349.45. Misleading or deceptive use of financial institution name or logo prohibited
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly (A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code. (B) No person shall use the name or logo of any financial institution in connection with the sale, offering for sale, distribution, or advertising of any product or service without the express written consent of the financial institution, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service.
Ohio Rev. Code § 1315.18 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.18
§ 1315.18. Termination of business - approval of plan - implementation
Status: in_force

April 6, 2007 House Bill 454 - 126th General Assembly (A) A licensee that ceases to do business in this state shall do so in accordance with a plan approved by the superintendent of financial institutions or pursuant to directions issued by the superintendent in connection with the revocation or suspension of the licensee's license pursuant to section 1315.151 of the Revised Code. (B) When a licensee ceases to do business in this state, if the superintendent considers it necessary to protect the interests of the licensee's customers, the superintendent may do either of the following: (1) Take control of permissible investments or other assets owned by the licensee equal in value to the licensee's outstandings in this state; (2) Require the sale of the licensee's contracts for continuing services or require the licensee's termination of those contracts with compensation to the customers for loss of the services. (C) No licensee shall fail to comply with this section.
Ohio Rev. Code § 1321.53 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.53
§ 1321.53. General loan certificate of registration application, approval,  fee; assets; additional certificates; change in place of business; exceptions to General Loan Law
Status: in_force

December 29, 2023 Senate Bill 131 (GA 134), House Bill 33 (GA 135) (A)(1) An application for a certificate of registration under sections 1321.51 to 1321.60 of the Revised Code shall contain an undertaking by the applicant to abide by those sections. The application shall be in writing, under oath, and in the form prescribed by the division of financial institutions, and shall contain any information that the division may require. Applicants that are foreign corporations shall obtain and maintain a license pursuant to Chapter 1703. of the Revised Code before a certificate is issued or renewed. (2) Upon the filing of the application and the payment by the applicant of a nonrefundable two-hundred-dollar investigation fee and a nonrefundable three-hundred-dollar annual registration fee, the division shall investigate the relevant facts. If the application involves investigation outside this state, the applicant may be required by the division to advance sufficient funds to pay any of the actual expenses of such investigation, when it appears that these expenses will exceed two hundred dollars. An itemized statement of any of these expenses which the applicant is required to pay shall be furnished to the applicant by the division. No certificate shall be issued unless all the required fees have been submitted to the division. (3) The investigation undertaken upon application shall include both a civil and criminal records check of the applicant including any individual whose identity is required to be disclosed in the application. Where the applicant is a business entity the superintendent shall have the authority to require a civil and criminal background check of those persons that in the determination of the superintendent have the authority to direct and control the operations of the applicant. (4)(a) Notwithstanding division (L) of section 121.08 of the Revised Code, the superintendent of financial institutions shall obtain a criminal history records check and, as part of that records check, request that criminal record information from the federal bureau of investigation be obtained. To fulfill this requirement, 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 or, if the fingerprints are unreadable, based on the applicant's social security number, in accordance with section 109.572 of the Revised Code. (b) Any fee required under division (C)(3) of section 109.572 of the Revised Code shall be paid by the applicant. (5) If an application for a certificate of registration does not contain all of the information required under division (A) of this section, and if such information is not submitted to the division within ninety days after the superintendent requests the information in writing, including by electronic transmission or facsimile, the superintendent may consider the application withdrawn. (6) If the division finds that the financial responsibility, experience, and general fitness of the applicant command the confidence of the public and warrant the belief that the business will be operated honestly and fairly in compliance with the purposes of sections 1321.51 to 1321.60 of the Revised Code and the rules adopted thereunder, and that the applicant has the applicable net worth and assets required by division (C) of this section, the division shall thereupon issue a certificate of registration to the applicant. The superintendent shall not use a credit score as the sole basis for a registration denial. (a)(i) Certificates of registration issued on or after July 1, 2010, shall annually expire on the thirty-first day of December, unless renewed by the filing of a renewal application and payment of a three-hundred-dollar nonrefundable annual registration fee and any assessment as determined by the superintendent pursuant to division (A)(6)(a)(ii) of this section on or before the last day of December of each year. No other fee or assessment shall be required of a registrant by the state or any political subdivision of this state. (ii) If the renewal fees billed by the superintendent pursuant to division (A)(6)(a)(i) of this section are less than the estimated expenditures of the consumer finance section of the division of financial institutions, as determined by the superintendent, for the following fiscal year, the superintendent may assess each registrant at a rate sufficient to equal in the aggregate the difference between the renewal fees billed and the estimated expenditures. Each registrant shall pay the assessed amount to the superintendent prior to the last day of June. In no case shall the assessment exceed ten cents per each one hundred dollars of interest (excluding charge-off recoveries), points, loan origination charges, and credit line charges collected by that registrant during the previous calendar year. If such an assessment is imposed, it shall not be less than two hundred fifty dollars per registrant and shall not exceed thirty thousand dollars less the total renewal fees paid pursuant to division (A)(6)(a)(i) of this section by each registrant. (b) Registrants shall timely file renewal applications on forms prescribed by the division and provide any further information that the division may require. If a renewal application does not contain all of the information required under this section, and if that information is not submitted to the division within ninety days after the superintendent requests the information in writing, including by electronic transmission or facsimile, the superintendent may consider the application withdrawn. (c) Renewal shall not be granted if the applicant's certificate of registration is subject to an order of suspension, revocation, or an unpaid and past due fine imposed by the superintendent. (d) If the division finds the applicant does not meet the conditions set forth in this section, it shall issue a notice of intent to deny the application, and forthwith notify the applicant of the denial, the grounds for the denial, and the applicant's reasonable opportunity to be heard on the action in accordance with Chapter 119. of the Revised Code. (7) If there is a change of five per cent or more in the ownership of a registrant, the division may make any investigation necessary to determine whether any fact or condition exists that, if it had existed at the time of the original application for a certificate of registration, the fact or condition would have warranted the division to deny the application under division (A)(6) of this section. If such a fact or condition is found, the division may, in accordance with Chapter 119. of the Revised Code, revoke the registrant's certificate. (B) Notwithstanding division (A) of this section, the division shall issue a certificate of registration in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies: (1) The applicant holds a license or certificate in another state. (2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a general loan lender in a state that does not issue that license. (C) Each registrant that engages in lending under sections 1321.51 to 1321.60 of the Revised Code shall maintain both of the following: (1) A net worth of at least fifty thousand dollars; (2) For each certificate of registration, assets of at least fifty thousand dollars either in use or readily available for use in the conduct of the business. (D) Not more than one place of business shall be maintained under the same certificate, but the division may issue additional certificates to the same registrant upon compliance with sections 1321.51 to 1321.60 of the Revised Code, governing the issuance of a single certificate. No change in the place of business of a registrant to a location outside the original municipal corporation shall be permitted under the same certificate without the approval of a new application, the payment of the registration fee and, if required by the superintendent, the payment of an investigation fee of two hundred dollars. When a registrant wishes to change its place of business within the same municipal corporation, it shall give written notice of the change in advance to the division, which shall provide a certificate for the new address without cost. If a registrant changes its name, prior to making loans under the new name it shall give written notice of the change to the division, which shall provide a certificate in the new name without cost. Sections 1321.51 to 1321.60 of the Revised Code do not limit the loans of any registrant to residents of the community in which the registrant's place of business is situated. Each certificate shall be kept conspicuously posted in the place of business of the registrant and is not transferable or assignable. (E) Sections 1321.51 to 1321.60 of the Revised Code do not apply to any of the following: (1) Entities 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 such a depository institution; (2) Life, property, or casualty insurance companies licensed to do business in this state; (3) Any person that is a lender making a loan pursuant to sections 1321.01 to 1321.19 or sections 1321.62 to 1321.701 of the Revised Code or a business loan as described in division (B)(6) of section 1343.01 of the Revised Code; (4) Any political subdivision, or any governmental or other public entity, corporation, instrumentality, or agency, in or of the United States or any state of the United States, or any entity described in division (B)(3) of section 1343.01 of the Revised Code; (5) 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. (F) No person engaged in the business of selling tangible goods or services related to tangible goods may receive or retain a certificate under sections 1321.51 to 1321.60 of the Revised Code for such place of business. 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 5:09 AM
Ohio Rev. Code § 1329.45 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.45
§ 1329.45. Certificate of filing and benefits to be assignable
Status: in_force

June 6, 2001 House Bill 94 - 124th General Assembly The certificate of the filing of any name, mark, or device under sections 1329.41 to 1329.53 of the Revised Code and the benefits obtained under it shall be assignable with the sale of the articles or supplies on which the same are produced and used. Assignments shall be by instruments in writing duly executed and may be recorded upon the payment of the fee specified in division (U)(2) of section 111.16 of the Revised Code, payable to the secretary of state, who, after recording the assignment, upon request of the assignee, may issue in the assignee's name a new certificate. The instrument shall be on a form prescribed by the secretary of state.
Ohio Rev. Code § 1321.592 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.592
§ 1321.592. Prohibited general loans by registrants
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly ( A) A registrant shall not make a loan under sections 1321.51 to 1321.60 of the Revised Code that meets either of the following conditions: (1) The amount of the loan is one thousand dollars or less. (2) The loan has a duration of one year or less. (B) A registrant shall not engage in any act or practice to evade the requirement of division (A) of this section, including by contracting with a borrower to make a loan on terms that would be prohibited by that division. (C) No registrant shall fail to comply with this section. Last updated November 5, 2021 at 3:53 PM
Ohio Rev. Code § 1309.403 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.403
§ 1309.403. Agreement not to assert defenses against assignee - UCC 9-403
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) As used in this section, "value" has the same meaning as in division (A) of section 1303.33 of the Revised Code. (B) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) For value; (2) In good faith; (3) Without notice of a claim of a property or possessory right to the property assigned; and (4) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under division (A) of section 1303.35 of the Revised Code. (C) Division (B) of this section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under division (B) of section 1303.34 of the Revised Code. (D) In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include the required statement: (1) The record has the same effect as if the record included the required statement; and (2) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included the required statement. (E) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes. (F) Except as otherwise provided in division (D) of this section, this section does not displace law other than this chapter that gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee.
Ohio Rev. Code § 1308.04 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.04
§ 1308.04. Evidentiary rules concerning certificate securities - UCC 8-114
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly The following rules apply in an action on a certificated security against the issuer: (A) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted; (B) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized; (C) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security; (D) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
Ohio Rev. Code § 1309.512 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.512
§ 1309.512. Amendment of financing statement - UCC 9-512
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Subject to section 1309.509 of the Revised Code, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to division (E) of this section, otherwise amend the information provided in, a financing statement by filing an amendment that: (1) Identifies, by its file number, the initial financing statement to which the amendment relates; and (2) If the amendment relates to an initial financing statement filed in a filing office described in division (A)(1) of section 1309.501 of the Revised Code, provides the date and time that the initial financing statement was filed and the information specified in division (B) of section 1309.502 of the Revised Code. (B) Except as otherwise provided in section 1309.515 of the Revised Code, the filing of an amendment does not extend the period of effectiveness of the financing statement. (C) A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment. (D) A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment. (E) An amendment is ineffective to the extent it: (1) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or (2) Purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
Ohio Rev. Code § 1301.206 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.206
§ 1301.206. Presumptions - UCC 1-206
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Presumptions [UCC 1-206] Whenever Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
Ohio Rev. Code § 1329.10 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.10
§ 1329.10. Injunction - actions by and against user of trade name or fictitious name
Status: in_force

October 20, 1978 House Bill 297 - 112th General Assembly (A) The attorney general, upon the request of the secretary of state, shall bring an action for an injunction against any person who violates section 1329.01 or 1329.07 of the Revised Code, and who, after proper notification by the secretary of state, refuses or fails to comply with such section. (B) No person doing business under a trade name or fictitious name shall commence or maintain an action in the trade name or fictitious name in any court in this state or on account of any contracts made or transactions had in the trade name or fictitious name until it has first complied with section 1329.01 of the Revised Code and, if the person is a partnership, it has complied with section 1777.02 of the Revised Code, but upon compliance, such an action may be commenced or maintained on any contracts and transactions entered into prior to compliance. (C) An action may be commenced or maintained against the user of a trade name or fictitious name whether or not the name has been registered or reported in compliance with section 1329.01 of the Revised Code.
Ohio Rev. Code § 1349.66 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.66
§ 1349.66. High-volume seller notification requirements
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly (A) An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than ten days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace: (1)(a) A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller. (b) The bank account or payee information required under division (A)(1)(a) of this section may be provided by the seller in either of the following ways: (i) To the online marketplace; (ii) To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information on demand from such payment processor or other third party. (2) Contact information for such seller as follows: (a) With respect to a high-volume third party seller that is an individual, the individual's name. (b) With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information: (i) A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name; (ii) A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller. (c) A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number. (d) A current working electronic mail address and telephone number for such seller. (B) An online marketplace shall do both of the following: (1) Periodically, but not less than annually, notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under division (A) of this section current; (2) Require any high-volume third party seller on such online marketplace's platform to, not later than ten days after receiving the notice under division (B)(1) of this section, electronically certify one of the following: (a) The seller has provided any changes to such information to the online marketplace, if any such changes have occurred; (b) There have been no changes to such seller's information; (c) Such seller has provided any changes to such information to the online marketplace. (C) In the event that a high-volume third party seller does not provide the information or certification required under this section, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification. Last updated May 16, 2022 at 4:19 PM
Ohio Rev. Code § 1332.02 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.02
§ 1332.02. Fair competition in cable service operations
Status: in_force

October 5, 2000 Senate Bill 67 - 123rd General Assembly It is the public policy of this state under sections 1332.01 to 1332.10 of the Revised Code to: (A) Ensure fair competition in the provision in this state of cable service over a cable system, consistent with the procompetitive policies of the "Telecommunications Act of 1996," Pub. L. No. 104-104, 110 Stat. 56, 47 U.S.C.A. 151, for the purposes of providing the widest possible diversity of entertainment, information, and news sources to the general public; advancing the unfettered exercise of rights under the first amendment to the United States Constitution to free speech and the free flow of information; enhancing the development and widespread use of technological advances in the provision of cable service over a cable system; and encouraging improved customer service at competitive rates; (B) Ensure that all cable service over a cable system is provided in this state within a comprehensive and nondiscriminatory federal, state, and local scheme.
Ohio Rev. Code § 1309.510 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.510
§ 1309.510. Effectiveness of filed record - UCC 9-510
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A filed record is effective only to the extent that it was filed by a person who is permitted to file it under section 1309.509 of the Revised Code. (B) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (C) A continuation statement that is not filed within the six-month period prescribed by division (D) of section 1309.515 of the Revised Code is not effective.
Ohio Rev. Code § 1309.333 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.333
§ 1309.333. Priority of certain liens arising by operation of law - UCC 9-333
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) As used in this section, "possessory lien" means an interest, other than a security interest or an agricultural lien: (1) That secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business; (2) That is created by statute or rule of law in favor of the person; and (3) Whose effectiveness depends on the person's possession of the goods. (B) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
Ohio Rev. Code § 1309.402 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.402
§ 1309.402. Secured party not obligated on contract of debtor or in tort - UCC 9-402
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.
Ohio Rev. Code § 1303.69 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.69
§ 1303.69. Discharge by cancellation or renunciation - UCC 3-604
Status: in_force

April 6, 2017 House Bill 463 - 131st General Assembly (A) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument in either of the following ways: (1) By surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, the addition of words to the instrument indicating discharge, or any other intentional voluntary act; (2) By agreeing not to sue or otherwise renouncing rights against the party by a signed record. (B) Cancellation or striking out of an indorsement pursuant to division (A) does not affect the status and rights of a party derived from the indorsement. (C) As used in this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
Ohio Rev. Code § 1349.75 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.75
§ 1349.75. Severability
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly If any provision of sections 1349.65 to 1349.74 of the Revised Code, or the application thereof to any person or circumstance, is held invalid, the remainder of those provisions and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. Last updated May 16, 2022 at 4:22 PM
Ohio Rev. Code § 1302.31 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.31
§ 1302.31. Third party beneficiaries of warranties express or implied - UCC 2-318
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Ohio Rev. Code § 1345.46 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.46
§ 1345.46. Buyer to deliver goods or evidence of membership to seller after cancellation
Status: in_force

July 26, 1984 House Bill 198 - 115th General Assembly Within twenty days after a prepaid entertainment contract has been canceled pursuant to sections 1345.41 to 1345.50 of the Revised Code, the buyer upon demand must deliver to the seller any evidence of membership or other goods provided to the buyer by the seller pursuant to the contract. The buyer may deliver evidence of membership or other goods provided under the contract by certified mail, manual delivery, or other personal delivery. The goods shall not be diminished in quantity nor subjected to unreasonable wear or use. If the seller fails to demand possession of the goods within twenty days of the buyer's notice of cancellation, the goods become the property of the buyer without obligation to pay for them. The buyer has the duty to take reasonable care of the goods in his possession before cancellation and twenty days thereafter, during which time the goods are otherwise at the seller's risk.
Ohio Rev. Code § 1304.59 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.59
§ 1304.59. Refund of payment and duty of customer to report with respect to unauthorized payment order - UCC 4A-204
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) If a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under section 1304.57 of the Revised Code, or not enforceable, in whole or in part, against the customer under section 1304.58 of the Revised Code, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. The customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding ninety days after the date the customer received notification from the bank that the order was accepted or that the customer's account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section. (B) Reasonable time under division (A) of this section may be fixed by agreement as provided in division (B) of section 1301.302 of the Revised Code, but the obligation of a receiving bank to refund payment as provided in division (A) of this section may not otherwise be varied by agreement.
Ohio Rev. Code § 1302.64 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.64
§ 1302.64. What constitutes acceptance of goods - UCC 2-606
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Acceptance of goods occurs when the buyer: (1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or (2) fails to make an effective rejection as provided in division (A) of section 1302.61 of the Revised Code, but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (3) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him. (B) Acceptance of a part of any commercial unit is acceptance of that entire unit.
Ohio Rev. Code § 1313.16 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.16
§ 1313.16. Real property without the state
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If the assignment for the benefit of creditors, includes real property situated without this state, it is not necessary to have it appraised, but the assignee, or trustee appointed, shall sell such real property at public or private sale, and the sale shall be confirmed, if the court finds that it has been made in good faith for a fair price. At the time of filing the inventory as provided in section 1313.15 of the Revised Code, the assignee or trustee also must file a schedule of all the debts and liabilities of the assignor within his knowledge, which shall be verified by the oath of the assignee or trustee, and contain the post-office address of each of the alleged creditors, so far as this can be given.
Ohio Rev. Code § 1321.73 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.73
§ 1321.73. Insurance premium finance company license requirement; annual fee; assets
Status: in_force

October 17, 2019 House Bill 166 - 133rd General Assembly (A) No person shall engage in the business of entering into or otherwise acquiring premium finance agreements in the state without first having obtained a license as a premium finance company from the division of financial institutions. (B) The annual license fee shall be determined by the superintendent of financial institutions pursuant to section 1321.20 of the Revised Code. Licenses may be renewed from year to year as of the first day of July of each year, or annually on a different date established by the superintendent pursuant to section 1181.23 of the Revised Code, upon payment of the fee. (C) The person to whom the license or the renewal thereof is issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the division requires. The division may, at any time, require the applicant to fully disclose the identity of all stockholders, partners, officers, and employees, and it may, at its discretion, refuse to issue or renew a license in the name of any firm, partnership, or corporation if it is not satisfied that any officer, employee, stockholder, or partner thereof, who may materially influence the applicant's conduct, meets the standards provided by sections 1321.71 to 1321.83 of the Revised Code. (D) Each applicant shall execute and file with the division proof that the applicant has a net worth of at least fifty thousand dollars, as determined in accordance with generally accepted accounting principles. The proof is subject to the approval of the division. Last updated November 5, 2021 at 4:57 PM
Ohio Rev. Code § 1313.31 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.31
§ 1313.31. Court may order business of assignor carried on
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When satisfied that it would be for the advantage of the creditors of the assignor, and on written application therefor by three-fourths in number and amount of such creditors, the probate court may order any business carried on by the assignor at the time of the assignment, to be continued by the assignee or trustee. When the court deems it to the advantage of the creditors to discontinue the business, it shall order that to be done, and also allow to the assignee or trustee for the benefit of creditors such compensation for conducting it, as may be just, in addition to the fees allowed by sections 1313.50 and 1313.51 of the Revised Code.
Ohio Rev. Code § 1313.15 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.15
§ 1313.15. Appointment of appraisers
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Immediately upon the assignee of a debtor giving bond, or if said assignee fails to give bond, then upon the trustee for the benefit of creditors giving bond, the probate court shall appoint three suitable disinterested persons appraisers of the property and assets of the assignor. Such assignee or trustee, within thirty days after giving bond, unless for good cause the court allows a longer time, must make and file therein an inventory, verified by his oath, of all the property, moneys, rights, and credits of the assignor included in the assignment, which have come to his possession or knowledge, together with an appraisement thereof by such appraisers under oath. If any part of the estate or effects is in any other county, the assignee or trustee may have appraisers, as to such part of the estate and effects, appointed by the probate judge of such county.
Ohio Rev. Code § 1308.08 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.08
§ 1308.08. Issuer - UCC 8-201
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly (A) With respect to obligations on or defenses to a security, "issuer" includes a person who: (1) Places or authorizes the placing of its name on a security certificate, otherwise than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate; (2) Creates shares, participations, or other interests in its property or in an enterprise, or undertakes obligations, that are uncertificated securities; (3) Directly or indirectly creates fractional interests in its rights or property, if the fractional interests are represented by security certificates; or (4) Becomes responsible for, or in place of, any other person described as an issuer in this section. (B) With respect to obligations on or defenses to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate. (C) With respect to registration of transfer, "issuer" means a person on whose behalf transfer books are maintained.
Ohio Rev. Code § 1308.29 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.29
§ 1308.29. Fulfilling duty to transfer
Status: in_force

September 20, 1984 Senate Bill 283 - 115th General Assembly (A) Unless otherwise agreed, if a sale of a security is made on an exchange or otherwise through brokers: (1) The selling customer fulfills his duty to transfer at the time he: (a) Places a certificated security in the possession of the selling broker or of a person designated by the broker; (b) Causes an uncertificated security to be registered in the name of the selling broker or a person designated by the broker; (c) If requested, causes an acknowledgment to be made to the selling broker that a certificated or uncertificated security is held for the broker; or (d) Places in the possession of the selling broker or of a person designated by the broker a transfer instruction for an uncertificated security, providing the issuer does not refuse to register the requested transfer if the instruction is presented to the issuer for registration within thirty days thereafter; and (2) The selling broker, including a correspondent broker acting for a selling customer, fulfills his duty to transfer at the time he: (a) Places a certificated security in the possession of the buying broker or a person designated by the buying broker; (b) Causes an uncertificated security to be registered in the name of the buying broker or a person designated by the buying broker; (c) Places in the possession of the buying broker or of a person designated by the buying broker a transfer instruction for an uncertificated security, providing the issuer does not refuse to register the requested transfer if the instruction is presented to the issuer for registration within thirty days thereafter; or (d) Effects clearance of the sale in accordance with the rules of the exchange on which the transaction took place. (B) Except as provided in this section and unless otherwise agreed, a transferor's duty to transfer a security under a contract of purchase is not fulfilled until he: (1) Places a certificated security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated the purchaser; (2) Causes an uncertificated security to be registered in the name of the purchaser or a person designated by the purchaser; or (3) If the purchaser requests, causes an acknowledgment to be made to the purchaser that a certificated or uncertificated security is held for the purchaser. (C) Unless made on an exchange, a sale to a broker purchasing for his own account is within division (B) of this section and not within division (A) of this section.
Ohio Rev. Code § 1302.76 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.76
§ 1302.76. Seller's remedies on discovery of buyer's insolvency - UCC 2-702
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under section 1302.79 of the Revised Code. (B) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this division the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay. (C) The seller's right to reclaim under division (B) of this section is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under section 1302.44 of the Revised Code. Successful reclamation of goods excludes all other remedies with respect to them.
Ohio Rev. Code § 1304.68 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.68
§ 1304.68. Execution and execution date - UCC 4A-301
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) A payment order is executed by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed. (B) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.
Ohio Rev. Code § 1349.81 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.81
§ 1349.81. Deception respecting relationship of performing and recording group
Status: in_force

September 30, 2011 Senate Bill 84 - 129th General Assembly (A) Except as otherwise provided in division (B) of this section, no person shall advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. (B) Division (A) of this section does not apply to a person if any of the following circumstances apply: (1) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office or is the owner of a valid trademark for that group under the "Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1125(a), as amended. (2) At least one member of the performing group is a member of the recording group and has a legal right to that group name by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. (3) The live musical performance or production is identified in all advertising and promotion for the performance as a salute or tribute to the recording group. (4) The advertising does not relate to a live musical performance or production that the performing group conducts in this state. (5) The performance or production is authorized expressly in writing by at least one member of the recording group.
Ohio Rev. Code § 1311.31 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.31
§ 1311.31. Action by claimant to enforce payment
Status: in_force

April 16, 1993 Senate Bill 338 - 119th General Assembly The public authority, upon the receipt of the affidavit referred to in section 1311.26 of the Revised Code shall, or the claimant or his agent, in the name of the public authority, may serve the principal contractor with a copy thereof, within five days after the public authority receives it, together with a notice that the principal contractor must give notice of his intention to dispute the claim within twenty days. If the claimant is not in privity of contract with the principal contractor, the notice of intention to dispute may state that the claimant failed to serve a notice of furnishing as required by division (A)(1) of section 1311.261 of the Revised Code. If the claimant performed the labor or work or furnished the material to a subcontractor of the principal contractor, the claimant shall, within twenty days after serving the affidavit to the public authority, furnish a copy of it to the subcontractor. If the claimant fails to furnish the copy to the subcontractor, the claimant forfeits his rights to a claim under sections 1311.25 to 1311.32 of the Revised Code. If the principal contractor fails within twenty days after receipt of the affidavit to serve to the public authority written notice of his intention to dispute the claim, he has assented to its correctness, provided that within twenty days after receipt by any subcontractor of a copy of the affidavit, the subcontractor may serve the notice of intention to dispute on behalf of the principal contractor. Thereupon, provided all affidavits filed on the same public improvement have been assented to, the amount detained from the principal contractor shall be applied by and payment made by the public authority, in the order of preference provided in section 1311.29 of the Revised Code, pro rata, upon the claims on which affidavits have been filed. Where more than one affidavit has been filed with respect to the same public improvement, and one or more of the affidavits has not been assented to, then the amount detained shall be applied pro rata among all the claimants in the order of preference prescribed in section 1311.29 of the Revised Code, payment being made in the amount of their pro rata shares to all claimants whose affidavits have been assented to, and the pro rata shares of claimants whose affidavits have not been assented to shall be detained by the public authority until the dispute with respect to any affidavit has been resolved in any manner provided by law, whereupon payment in whole or in part shall be made to claimants in whose favor the dispute is resolved and any remaining part of the pro rata shares shall be applied pro rata among and payment made to all claimants as provided in this section. Each subsequent payment falling due shall be applied among and payment made to the claimants as provided in this section.
Ohio Rev. Code § 1345.20 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.20
§ 1345.20. Action by aggrieved consumer for switch in natural gas or public telecommunications service providers with consent
Status: in_force

May 17, 2000 House Bill 177 - 123rd General Assembly (A) An aggrieved consumer may bring an action for a declaratory judgment, an injunction, or other appropriate relief against a supplier that is violating or has violated section 1345.18 of the Revised Code. The court may issue any order or enter a judgment as necessary to ensure compliance with section 1345.18 of the Revised Code or prevent any act or practice that violates that section. In addition, upon a preponderance of the evidence, the court: (1) Shall issue an order providing for all of the following: (a) Rescinding the aggrieved consumer's change in service provider; (b) Requiring the supplier to absolve the aggrieved consumer of any liability for any charges assessed the consumer, or refund to the aggrieved consumer any charges collected from the consumer, by the supplier during such period, after the violation occurred, that is determined reasonable by the court; (c) Requiring the supplier to refund or pay to the aggrieved consumer any fees paid or costs incurred by the consumer resulting from the change of the consumer's service provider or providers, or from the resumption of the consumer's service with the service provider or providers from which the consumer was switched; (d) Requiring the supplier to make the consumer whole regarding any bonuses or benefits, such as airline mileage or product discounts, to which the consumer is entitled, by restoring bonuses or benefits the consumer lost as a result of the violation and providing bonuses or benefits the consumer would have earned if not for the violation, or by providing something of equal value. (2) May issue an order providing for any of the following: (a) Requiring the supplier to comply or undertake any necessary corrective action; (b) Assessing upon the supplier forfeitures of not more than one thousand dollars for each day of each violation. However, if the preponderance of the evidence shows that the supplier has engaged or is engaging in a pattern or practice of committing any such violations, the court may assess upon the supplier forfeitures of not more than five thousand dollars for each day of each violation. Upon collection, one-half of any such forfeiture assessed under this division shall be paid to the treasurer of the county in which the action was brought and one-half shall be paid into the state treasury to the credit of the general revenue fund. (B) Upon a finding in an action under division (A) of this section that a supplier is violating or has violated section 1345.18 of the Revised Code, a service provider or providers of natural gas service or public telecommunications service from whom the aggrieved consumer was switched may bring an action seeking the relief authorized by this division. Upon the filing of such action, the court may issue an order providing for either of the following: (1) Requiring the supplier to compensate the service provider or providers from which the aggrieved consumer was switched in the amount of all charges the consumer would have paid that particular service provider for the same or comparable service had the violation or failure to comply not occurred; (2) Requiring the supplier to compensate the service provider or providers from which the aggrieved consumer was switched for any costs that the particular service provider incurs as a result of making the consumer whole as provided in division (A)(1)(d) of this section or of effecting the resumption of the consumer's service. (C) No action may be brought under division (A) of this section to recover for a transaction more than two years after the occurrence of a violation. No action may be brought under division (B) of this section more than one year after the date on which a ruling in an action brought under division (A) of this section was rendered.
Ohio Rev. Code § 1302.28 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.28
§ 1302.28. Implied warranty - fitness for particular purpose - UCC 2-315
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under section 1302.29 of the Revised Code an implied warranty that the goods shall be fit for such purpose.
Ohio Rev. Code § 1303.21 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.21
§ 1303.21. Negotiation - UCC 3-201
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) "Negotiation" means a voluntary or involuntary transfer of possession of an instrument by a person other than the issuer to a person who by the transfer becomes the holder of the instrument. (B) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Ohio Rev. Code § 1303.57 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.57
§ 1303.57. Presentment warranties - UCC 3-417
Status: in_force

April 6, 2017 House Bill 463 - 131st General Assembly (A) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith all of the following: (1) That the warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) That the draft has not been altered; (3) That the warrantor has no knowledge that the signature of the drawer of the draft is unauthorized ; (4) With respect to a remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn. (B) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this division is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this division. (C) If a drawee asserts a claim for breach of warranty under division (A) of this section based upon an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend against the claim by proving that the indorsement is effective under section 1303.44 or 1303.47 of the Revised Code or that the drawer is precluded under section 1303.49 or 1304.35 of the Revised Code from asserting against the drawee the unauthorized indorsement or alteration. (D) If a dishonored draft is presented for payment to the drawer or an indorser or any other instrument is presented for payment to a party obliged to pay the instrument and if payment is received, both of the following rules apply: (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or, at the time the warrantor transferred the instrument, was, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument. (2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. (E) The warranties set forth in divisions (A) and (D) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and of the identity of the warrantor, the liability of the warrantor under division (B) or (D) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim. (F) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Ohio Rev. Code § 1319.17 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.17
§ 1319.17. Commercial credit reports
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly (A) As used in this section: (1) "Business" means a sole proprietorship, partnership, corporation, limited liability company, or other commercial entity, whether for profit or not for profit. (2) "Commercial credit report" means any report provided to a business for a legitimate business purpose, relating to the financial status or payment habits of a business that is the subject of the report. "Commercial credit report" does not include any of the following: (a) A report prepared for commercial insurance underwriting, claims, or auditing purposes; (b) A report containing information related to transactions or experiences between the subject and the person making the report; (c) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; (d) Any report in which a person that has been requested by a third party to make a specific extension of credit directly or indirectly to the subject conveys its decision with respect to that request. (3) "Commercial credit reporting agency" means any person or entity that regularly engages in the practice of compiling and maintaining commercial credit reports on a business operating in this state for the purpose of providing commercial credit reports and, for monetary fees, dues, or on a cooperative nonprofit basis, provides such commercial credit reports on a business operating in this state to third parties. "Commercial credit reporting agency" does not include a person or entity that does not maintain a database of commercial credit reports from which new commercial credit reports are produced. (4) "Subject" means the business operating in this state about which a commercial credit report has been compiled. (B) Upon the request of a representative of the subject of a commercial credit report, a commercial credit reporting agency shall provide the subject's commercial credit report. The report shall be provided to the subject at a cost not greater than what is charged to third parties and may be printed or in electronic form. The report shall be in a format routinely made available to third parties. A commercial credit reporting agency may protect the identity of sources of information to be used in commercial credit reports. (C) Within thirty days after receipt of a commercial credit report, a representative of the subject of the report may file with the commercial credit reporting agency a written summary statement identifying each particular statement in the report that the subject of the report believes contains an inaccurate statement of fact and indicating the nature of the disagreement with the statement. Within thirty days after receipt of a subject's summary statement of disagreement, the commercial credit reporting agency at no cost to the subject shall do either of the following: (1) Delete the disputed statement of fact from the report and, thereafter, block any repeat reporting of that disputed statement unless its accuracy has been verified; (2) Include in the report a notice of the subject's assertion that the statement of fact is inaccurate. (D) Nothing in this section shall be construed to provide a private right of action, including a class action, with respect to any act or practice regulated under this section. Last updated June 16, 2021 at 2:02 PM Disclaimer Contact About
Ohio Rev. Code § 1308.23 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.23
§ 1308.23. Whether indorsement, instruction, or entitlement order is effective - UCC 8-107
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly (A) "Appropriate person" means: (1) With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security; (2) With respect to an instruction, the registered owner of an uncertificated security; (3) With respect to an entitlement order, the entitlement holder; (4) If the person designated in division (A)(1), (2), or (3) of this section is deceased, the designated person's successor taking under other law or the designated person's personal representative acting for the estate of the decedent; or (5) If the person designated in division (A)(1), (2), or (3) of this section lacks capacity, the designated person's guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset. (B) An indorsement, instruction, or entitlement order is effective if: (1) It is made by the appropriate person; (2) It is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under division (C)(2) or (D)(2) of section 1308.24 of the Revised Code; or (3) The appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness. (C) An indorsement, instruction, or entitlement order made by a representative is effective even if: (1) The representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or (2) The representative's action in making the indorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty. (D) If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction, or entitlement order made by the person is effective even though the person is no longer serving in the described capacity. (E) Effectiveness of an indorsement, instruction, or entitlement order is determined as of the date the indorsement, instruction, or entitlement order is made, and an indorsement, instruction, or entitlement order does not become ineffective by reason of any later change of circumstances.
Ohio Rev. Code § 1329.33 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.33
§ 1329.33. Prohibited acts
Status: in_force

October 6, 1994 House Bill 571 - 120th General Assembly No person dealing in goods, wares, and merchandise made by prisoners in a correctional institution shall knowingly have them in possession for the purpose of sale or offer them for sale without the brand, label, or mark required by section 1329.31 of the Revised Code or remove, conceal, or deface the brand, mark, or label.
Ohio Rev. Code § 1304.56 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.56
§ 1304.56. Security procedure - UCC 4A-201
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly "Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
Ohio Rev. Code § 1310.42 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.42
§ 1310.42. Retraction of anticipatory repudiation - UCC 2A-403
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled the lease contract, materially changed the aggrieved party's position, or otherwise indicated that the aggrieved party considers the repudiation final. (B) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under section 1310.40 of the Revised Code. (C) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Ohio Rev. Code § 1303.31 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.31
§ 1303.31. Person entitled to enforce instrument - UCC 3-301
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) "Person entitled to enforce" an instrument means any of the following persons: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 1303.38 or division (D) of section 1303.58 of the Revised Code. (B) A person may be a "person entitled to enforce" the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
Ohio Rev. Code § 1329.07 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.07
§ 1329.07. Change of business address
Status: in_force

June 6, 2001 House Bill 94 - 124th General Assembly The registrant of any trade name or a person who reports a fictitious name shall record all changes of the registrant's business address by filing with the secretary of state a statement in writing, on a form prescribed by the secretary of state, setting forth the name previously registered or reported, the date of the registration or report, and the new address of the applicant. The filing fee specified in division (S)(4) of section 111.16 of the Revised Code shall accompany the statement.
Ohio Rev. Code § 1313.30 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.30
§ 1313.30. Court may order sale of mortgaged real property
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When the assignor and his wife jointly have executed a mortgage upon real property assigned for the benefit of creditors, or when the assignor alone has executed a mortgage upon any of such real property to secure the payment of purchase money, or a part thereof, the probate court shall order its sale free from the contingent right of dower of such wife, and shall determine the just and reasonable value of her dower interests in the proceeds of sale remaining after the payment of such encumbrances as preclude her right to dower therein.
Ohio Rev. Code § 1321.31 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.31
§ 1321.31. Assignment of personal earnings - requirements, limitations, priority
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No assignment of, or order for, wages or salary is valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person is valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order. No assignment of, or order for, wages or salary of a minor is valid unless the written consent of a parent or the guardian of such minor is attached to such order or assignment. No assignment of, or order for, wages or salary is valid for more than twenty-five per cent of the earnings, wages, or salary of any married person. No such assignment is valid for more than fifty per cent of the earnings, wages, or salary of any unmarried person. Assignments of wages have priority as to each other from the time they are filed with the employer of the assignor, and the balance due any married person after twenty-five per cent has been so assigned, or due any unmarried person after fifty per cent has been so assigned is not subject to further assignment. Last updated November 4, 2021 at 3:45 PM
Ohio Rev. Code § 1307.202 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.202
§ 1307.202. Form of warehouse receipt; effect of omission - UCC 7-202
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Form of warehouse receipt; effect of omission [UCC 7-202] (A) A warehouse receipt need not be in any particular form. (B) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1) A statement of the location of the warehouse facility where the goods are stored; (2) The date of issue of the receipt; (3) The unique identification code of the receipt; (4) A statement whether the goods received will be delivered to the bearer, to a named person, or to a named person or its order; (5) The rate of storage and handling charges, unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt; (6) A description of the goods or the packages containing them; (7) The signature of the warehouse, or its agent; (8) If the receipt is issued for goods that the warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and (9) A statement of the amount of advances made and of liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient. (C) A warehouse may insert in its receipt any terms that are not contrary to Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code and do not impair its obligation of delivery under section 1307.403 of the Revised Code, or its duty of care under section 1307.204 of the Revised Code. Any contrary provision is ineffective.
Ohio Rev. Code § 1349.73 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.73
§ 1349.73. Penalty for failing to comply with disclosure requirements
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly If a high-volume third-party seller does not comply with the requirements to provide and disclose information under sections 1349.70 and 1349.71 of the Revised Code, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements. Last updated May 16, 2022 at 4:22 PM
Ohio Rev. Code § 1329.66 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.66
§ 1329.66. Rights and remedies
Status: in_force

October 20, 1978 House Bill 297 - 112th General Assembly Any owner of a trademark or service mark registered under the sections 1329.54 to 1329.67 of the Revised Code, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the the court considered just and reasonable, and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale; the court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, to be delivered to an officer of the court, or to the complainant, to be destroyed. If the infringement complained of is contained in or is part of paid advertising in a newspaper, magazine, or other periodical, the remedies of the owner of the right infringed as against the publisher or distributor of such periodical shall be confined to an injunction against the presentation of such advertising matter in future issues. These limitations shall apply only to innocent infringers and injunctive relief shall not be available to the owner of the right infringed in respect of an issue of a periodical containing infringing matter when restraining the dissemination of such infringing matter in any particular issue of such periodical would delay the delivery of such issue after the regular time therefor, and the delay would be due to the method by which publication and distribution of such periodical is customarily conducted in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any appropriate penal law of this state.
Ohio Rev. Code § 1345.93 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.93
§ 1345.93. Returned devices
Status: in_force

October 31, 1996 House Bill 39 - 121st General Assembly An assistive device returned to a manufacturer in accordance with section 1345.92 of the Revised Code by a consumer or supplier in this state or another state shall not be the subject of another consumer transaction in this state unless the manufacturer fully discloses the defect to the prospective consumer.
Ohio Rev. Code § 1341.01 — Ohio Revised Code / Title 13 / Chapter 1341 / § 1341.01
§ 1341.01. Qualifications of sureties
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Sureties must be residents of this state and worth, in the aggregate, double the sum to be secured, beyond the amount of their debts, and have property liable to execution in this state equal to the sum to be secured.
Ohio Rev. Code § 1333.26 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.26
§ 1333.26. Notices to be posted
Status: in_force

July 22, 1994 House Bill 530 - 120th General Assembly All persons taking advantage of sections 1333.22 to 1333.28 of the Revised Code shall keep posted in a prominent place in their receiving office at all times two notices that shall read substantially as follows: (A) "All articles that are cleaned, pressed, glazed, washed, altered, or repaired and that are not called for in one hundred twenty days will be sold to pay the requisite charges and certain notification expenses, given away, or otherwise disposed of. If the articles are not called for in one hundred eighty days, no notice will be given regarding the disposition of the articles." (B) "All articles that are stored by agreement and on which the requisite charges have not been paid for twelve months will be sold to pay the charges and certain notification expenses, given away, or otherwise disposed of."
Ohio Rev. Code § 1303.61 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.61
§ 1303.61. Presentment - UCC 3-501
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank or to accept a draft made to the drawee. (B) The following rules are subject to sections 1304.01 to 1304.40 of the Revised Code, agreement of the parties, clearing-house rules, and similar laws and rules: (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must do all of the following: (a) Exhibit the instrument; (b) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; (c) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may return the instrument for lack of a necessary indorsement, or refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the established cut-off hour.
Ohio Rev. Code § 1351.02 — Ohio Revised Code / Title 13 / Chapter 1351 / § 1351.02
§ 1351.02. Disclosures required in connection with lease-purchase agreement
Status: in_force

June 29, 1988 House Bill 421 - 117th General Assembly (A) A lessor shall disclose all of the following in a clear and conspicuous manner: (1) A brief description of the leased property, sufficient to identify the property to the lessee and lessor and a statement as to whether the property is new, used, or previously leased. If a lease is for multiple items of property, a description of each item may be provided in a separate statement incorporated by reference in the lease-purchase agreement or primary disclosure statement. (2) The total amount of any initial payment, including any advance payment, delivery charge, or any trade-in allowance to be paid by the lessee at or before consummation of the lease-purchase agreement; (3) The amount and timing of lease payments; (4) The amount of all other charges, individually itemized, payable by the lessee to the lessor, that are not included in the lease payments; (5) The party who is liable for loss, damage in excess of normal wear and tear, or destruction of the leased property; (6) The right of the lessee to reinstate as set forth in section 1351.05 of the Revised Code and the amount or method of determining the amount of the delinquency charges, reinstatement fee, or delivery charge for reinstatement; (7) The party responsible for maintaining or servicing the leased property and a brief description of the responsibility; (8) The conditions upon which the lessee or lessor may terminate the lease prior to the expiration of the lease term; (9) The total of all initial payments, all lease payments, and all other charges necessary to acquire ownership of the leased property; (10) That the lessee has the option to purchase the leased property during the lease term and at what price, or by what formula or method the purchase price will be determined; (11) The cash price of the personal property that is the subject of the lease-purchase agreement; (12) That if any part of a manufacturer's warranty exists on the leased property when a lessee acquires ownership of the property, the warranty will be transferred to the lessee; (13) That the lessee is not required to purchase insurance for the property that is the subject of the lease from the lessor or from any insurer owned or controlled by the lessor; (14) A notice in a prominent place in at least twelve-point type or in legible print with letters at least one-eighth inch in size, in substantially the following form: "NOTICE: THIS LEASE-PURCHASE AGREEMENT IS REGULATED BY STATE LAW AND MAY BE ENFORCED BY THE ATTORNEY GENERAL OR BY PRIVATE LEGAL ACTION." (B) Every lease-purchase agreement shall be in writing. The information required by this section shall be disclosed by the lessor prior to the signing of the lease-purchase agreement by the lessee and shall be disclosed either in the lease-purchase agreement or on a dated, separate piece of paper that identifies the lease-purchase agreement and the parties to it. (C) The disclosures required by this section shall be printed or typed in at least ten-point boldface type, and numerical amounts and percentages shall be stated in figures. All information required by this section shall be stated in a clear and coherent manner, using words and phrases of common meaning. The information shall be appropriately divided and captioned by its sections. (D) A lessor may disclose information that is not required by this section if the additional information is not stated, used, or placed in a manner that will contradict, obscure, or distract attention from the required information. (E) With respect to matters specifically governed by the "Consumer Credit Protection Act," 15 U.S.C. 1667, 90 Stat. 257, as amended, compliance with such act satisfies the requirements of this section.
Ohio Rev. Code § 1302.56 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.56
§ 1302.56. Payment by buyer before inspection - UCC 2-512
Status: in_force

July 1, 1998 House Bill 338 - 122nd General Assembly (A) Where the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless: (1) The nonconformity appears without inspection; or (2) Despite tender of the required documents the circumstances would justify injunction against honor under division (B) of section 1305.08 of the Revised Code. (B) Payment pursuant to division (A) of this section does not constitute an acceptance of goods or impair the buyer's right to inspect or any of the buyer's remedies.
Ohio Rev. Code § 1315.04 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.04
§ 1315.04. Determination on application - conditional approval
Status: in_force

October 9, 2021 House Bill 263 - 133rd General Assembly (A)(1) After accepting an application for a money transmitter license described in section 1315.03 of the Revised Code, the superintendent of financial institutions shall examine all the facts and circumstances relating to the application. (2) At the applicant's expense, the superintendent may conduct an on-site examination of the applicant's books, records, and operations. If the superintendent requests, the applicant shall advance to the superintendent the superintendent's estimate of the cost of the on-site examination, with any unconsumed portion to be returned to the applicant. (3) The applicant shall pay the cost of its examination described in division (A) of this section, or any balance of the cost of its examination in the case of an applicant that advanced the estimated cost of its examination, within fourteen days after receiving an invoice for payment. (B) In making a determination on an application described in division (A)(1) of this section, the superintendent shall consider all of the following: (1) The applicant's financial condition; (2) The applicant's business practices; (3) The applicant's and its directors', executive officers', and controlling persons' experience, competence, and history of compliance with applicable laws. (C) The superintendent shall not approve an application described in division (A)(1) of this section if the applicant does not meet both of the following requirements: (1) The applicant is a legally established business entity that is capitalized separately and distinctly from every other legal entity and is qualified to do business in this state. (2) The applicant has a minimum net worth of not less than five hundred thousand dollars, calculated according to generally accepted accounting principles, but excluding any assets that the superintendent disqualifies and including any off-balance sheet liabilities that the superintendent requires. (D)(1) In approving an application for a money transmitter license, the superintendent may impose any condition the superintendent determines to be appropriate. (2) When an applicant has satisfied all prior conditions imposed by the superintendent in approving the applicant's application for a money transmitter license and has provided a security device as required by section 1315.07 of the Revised Code, the superintendent shall issue the applicant a money transmitter license. A license issued pursuant to this section remains in force and effect until surrendered by the licensee pursuant to section 1315.18 of the Revised Code or suspended or revoked by the superintendent pursuant to section 1315.151 of the Revised Code. (E) On or before the first day of July of each year, each licensee shall pay to the superintendent an annual fee for carrying on the business as a money transmitter, which fee is established by the superintendent pursuant to division (B) of section 1315.13 of the Revised Code. Last updated October 9, 2021 at 5:31 AM
Ohio Rev. Code § 1321.661 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.661
§ 1321.661. Consumer installment loan licensee call reports
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly (A) Each licensee shall submit to the NMLSR call reports or other reports of condition, which reports shall be in such form and shall contain such information as the NMLSR may require. (B)(1) As required by the superintendent of financial institutions, each licensee shall file with the division of financial institutions an annual report under oath or affirmation, on forms supplied by the division, concerning the business and operation of the licensee for the preceding calendar year. (2) The superintendent shall annually publish 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. Last updated November 5, 2021 at 4:20 PM
Ohio Rev. Code § 1349.30 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.30
§ 1349.30. Voluntary adjustments correcting errors
Status: in_force

May 24, 2002 House Bill 386 - 124th General Assembly (A) A person has no liability under section 1349.31 of the Revised Code, and shall not be subject to any sanction by the superintendent of financial institutions, for any failure to comply with section 1349.26 or 1349.27 of the Revised Code, if within sixty days after discovering the error, whether pursuant to the person's own procedures or an examination or investigation by the superintendent under division (A) or (B) of section 1349.34 of the Revised Code, and prior to the initiation of any action by the superintendent under divisions (C) to (F) of section 1349.34 of the Revised Code or the receipt of written notice of the error from the consumer, the person notifies the consumer or other person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the consumer will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower. (B) A creditor or assignee shall not be held liable in any action brought under section 1349.29 of the Revised Code, if the creditor or assignee shows by a preponderance of evidence that the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. For purposes of this division, "bona fide error" includes, but is not limited to, clerical, calculation, computer malfunction and programming, and printing errors. "Bona fide error" does not include an error of legal judgment with respect to a person's obligations under sections 1349.25 to 1349.36 of the Revised Code.
Ohio Rev. Code § 1345.07 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.07
§ 1345.07. Remedies of attorney general
Status: in_force

April 6, 2017 Senate Bill 227 - 131st General Assembly (A) If the attorney general, by the attorney general's own inquiries or as a result of complaints, has reasonable cause to believe that a supplier has engaged or is engaging in an act or practice that violates this chapter, and that the action would be in the public interest, the attorney general may bring any of the following: (1) An action to obtain a declaratory judgment that the act or practice violates section 1345.02 , 1345.03 , or 1345.031 of the Revised Code; (2)(a) An action, with notice as required by Civil Rule 65, to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain the act or practice. If the attorney general shows by a preponderance of the evidence that the supplier has violated or is violating section 1345.02 , 1345.03 , or 1345.031 of the Revised Code, the court may issue a temporary restraining order, preliminary injunction, or permanent injunction to restrain and prevent the act or practice. (b)(i) Except as provided in division (A)(2)(b)(ii) of this section, on motion of the attorney general, or on its own motion, the court may impose a civil penalty of not more than five thousand dollars for each day of violation of a temporary restraining order, preliminary injunction, or permanent injunction issued under this section, if the supplier received notice of the action. The civil penalties shall be paid as provided in division (G) of this section. (ii) If the court issues under this section a temporary restraining order, preliminary injunction, or permanent injunction to restrain and prevent an act or practice that is a violation of section 1345.02 and division (A) of section 1349.81 of the Revised Code, on motion of the attorney general, or on its own motion, the court may impose a civil penalty of not less than five thousand dollars and not more than fifteen thousand dollars for each day of violation of the temporary restraining order, preliminary injunction, or permanent injunction, if the supplier received notice of the action. The civil penalties shall be paid as provided in division (G) of this section. (c) Upon the commencement of an action under division (A)(2) of this section against a supplier who operates under a license, permit, certificate, commission, or other authorization issued by the supreme court or by a board, commission, department, division, or other agency of this state, the attorney general shall immediately notify the supreme court or agency that such an action has been commenced against the supplier. (3) A class action under Civil Rule 23, as amended, on behalf of consumers who have engaged in consumer transactions in this state for damage caused by: (a) An act or practice enumerated in division (B), (D), or (G) of section 1345.02 of the Revised Code; (b) Violation of a rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based; (c) An act or practice determined by a court of this state to violate section 1345.02 , 1345.03 , or 1345.031 of the Revised Code and committed after the decision containing the determination has been made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code. (B) On motion of the attorney general and without bond, in the attorney general's action under this section, the court may make appropriate orders, including appointment of a referee or a receiver, for sequestration of assets, to reimburse consumers found to have been damaged, to carry out a transaction in accordance with a consumer's reasonable expectations, to strike or limit the application of unconscionable clauses of contracts so as to avoid an unconscionable result, or to grant other appropriate relief. The court may assess the expenses of a referee or receiver against the supplier. (C) Any moneys or property recovered by the attorney general in an action under this section that cannot with due diligence within five years be restored by a referee to consumers shall be unclaimed funds reportable under Chapter 169. of the Revised Code. (D) In addition to the other remedies provided in this section, if the violation is an act or practice that was declared to be unfair, deceptive, or unconscionable by rule adopted pursuant to division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based occurred or an act or practice that was determined by a court of this state to violate section 1345.02 , 1345.03 , or 1345.031 of the Revised Code and committed after the decision containing the court's determination was made available for public inspection pursuant to division (A)(3) of section 1345.05 of the Revised Code, the attorney general may request and the court may impose a civil penalty of not more than twenty-five thousand dollars against the supplier. The civil penalties shall be paid as provided in division (G) of this section. (E) No action may be brought by the attorney general under this section to recover for a transaction more than two years after the occurrence of a violation. (F) If a court determines that provision has been made for reimbursement or other appropriate corrective action, insofar as practicable, with respect to all consumers damaged by a violation, or in any other appropriate case, the attorney general, with court approval, may terminate enforcement proceedings brought by the attorney general upon acceptance of an assurance from the supplier of voluntary compliance with Chapter 1345. of the Revised Code, with respect to the alleged violation. The assurance shall be filed with the court and entered as a consent judgment. Except as provided in division (A) of section 1345.10 of the Revised Code, a consent judgment is not evidence of prior violation of such chapter. Disregard of the terms of a consent judgment entered upon an assurance shall be treated as a violation of an injunction issued under this section. (G) Civil penalties ordered pursuant to divisions (A) and (D) of this section shall be paid as follows: one-fourth of the amount to the treasurer of the county in which the action is brought and three-fourths to the consumer protection enforcement fund created by section 1345.51 of the Revised Code. (H) The remedies available to the attorney general under this section are cumulative and concurrent, and the exercise of one remedy by the attorney general does not preclude or require the exercise of any other remedy. The attorney general is not required to use any procedure set forth in section 1345.06 of the Revised Code prior to the exercise of any remedy set forth in this section.
Ohio Rev. Code § 1307.601 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.601
§ 1307.601. Lost, stolen, or destroyed documents of title - UCC 7-601
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Lost, stolen, or destroyed documents of title [UCC 7-601] (A) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this division. (B) A bailee that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery.
Ohio Rev. Code § 1304.31 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.31
§ 1304.31. Bank's liability to customer for wrongful dishonor - time of determining insufficiency of account - UCC 4-402
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) Except as otherwise provided in sections 1304.01 to 1304.40 of the Revised Code, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (B) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and damages may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. (C) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.
Ohio Rev. Code § 1332.08 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.08
§ 1332.08. Arbitration of disputes - procedure
Status: in_force

October 5, 2000 Senate Bill 67 - 123rd General Assembly (A) A dispute for which a civil action is authorized under section 1332.09 of the Revised Code may first be submitted to arbitration in accordance with the procedures and subject to the conditions set forth in divisions (B) to (D) of this section. (B) Prior to initiating a civil action under section 1332.09 of the Revised Code, a person authorized to bring such an action may provide written notice of proposed arbitration under this section to all persons that would be party to the civil action. The notice shall describe with reasonable specificity the issues that would be the subject of the civil action. The issues shall be submitted to arbitration only if each person receiving such a notice of proposed arbitration gives its written consent not later than seven days after the date of receipt of the notice. (C) Arbitration under this section shall be conducted and decided by a panel of three arbitrators in accordance with procedures established by the American arbitration association. The persons that would be the complainants in a civil action under section 1332.09 of the Revised Code regarding the issues submitted to arbitration shall select one of the arbitrators, the persons that would be the respondents in the civil action shall select another one of the arbitrators, and the two arbitrators so selected shall jointly select the third arbitrator. If the two arbitrators selected are unable to agree on a third arbitrator within seven days after the latest date either of the two arbitrators was selected, they are removed, and the parties to the proposed arbitration shall each select one substitute arbitrator in the same manner as previously provided in this division, and the two substitute arbitrators so selected shall jointly select the third arbitrator. If the substitute arbitrators are unable to agree on a third arbitrator within seven days after the latest date either such substitute arbitrator was selected, they are removed, and the issues shall not be submitted to arbitration. (D) Not more than one hundred twenty days after the date a panel of arbitrators is selected under division (C) of this section, the panel shall issue a written opinion setting forth findings and decisions respecting the issues submitted to arbitration. The findings and decisions of the majority of the arbitrators on the panel shall be deemed the findings and decisions of the panel. The findings and decisions shall not be binding but shall be admissible into evidence in any civil action brought under section 1332.09 of the Revised Code respecting the issues submitted to arbitration. The arbitrators shall not have continuing jurisdiction after the written opinion required by this division is issued. (E) Issues submitted to arbitration under this section may be resolved at any time by binding settlement agreement among the parties to the arbitration.
Ohio Rev. Code § 1304.55 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.55
§ 1304.55. Applicability of ORC provisions for consumer transactions governed by federal law - UCC 4A-108
Status: in_force

March 22, 2013 Senate Bill 333 - 129th General Assembly (A) Except as otherwise provided in division (B) of this section, sections 1304.51 to 1304.85 of the Revised Code do not apply to a funds transfer any part of which is governed by the "Electronic Fund Transfer Act," 92 Stat. 3728 (1978), 15 U.S.C.A. 1693, as amended. (B) Sections 1304.51 to 1304.85 of the Revised Code apply to a remittance transfer as defined in the "Electronic Fund Transfer Act," 124 Stat. 2065 (2010), 15 U.S.C. 1693o-1, as amended, unless the remittance transfer is an electronic fund transfer as defined in the "Electronic Fund Transfer Act," 92 Stat. 3728 (1978), 15 U.S.C. 1693a, as amended. (C) In a funds transfer to which sections 1304.51 to 1304.85 of the Revised Code apply, in the event of an inconsistency between an applicable provision of sections 1304.51 to 1304.85 of the Revised Code and an applicable provision of the "Electronic Fund Transfer Act," 92 Stat. 3728 (1978), 15 U.S.C. 1693, as amended, the provisions of the Electronic Fund Transfer Act govern to the extent of the inconsistency.
Ohio Rev. Code § 1345.91 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.91
§ 1345.91. Express written warranty
Status: in_force

October 31, 1996 House Bill 39 - 121st General Assembly (A) As used in this section and in section 1345.92 of the Revised Code, "collateral costs" mean expenses incurred by a consumer in connection with the repair of a defect in an assistive device, including sales tax and the cost of shipping. (B) A manufacturer that enters into a consumer transaction, either directly or through a supplier, shall provide an express written warranty to the consumer covering the full cost of any repair of the assistive device, or the cost, as specified in section 1345.92 of the Revised Code, of the replacement of the assistive device, necessitated by a defect in the assistive device. The warranty shall also cover the consumer's collateral costs associated with repair or replacement. The warranty shall be for a period of not less than one year from the day the consumer first possesses the assistive device. The warranty document shall specify whether the consumer is to return the assistive device to the manufacturer or to the supplier to invoke the warranty. A manufacturer who fails to provide the warranty is deemed to have provided it. To invoke the warranty, the consumer shall return the assistive device to the manufacturer or supplier, as specified in the warranty document, with an explanation of the nature of the defect. The warranty shall be honored if the assistive device is returned during the warranty period or, if shipping is required, the consumer gives notice of the defect to the manufacturer or supplier during the warranty period, regardless of when repairs are actually made. (C) A manufacturer or supplier that receives an assistive device under the warranty required by this section that has a defect shall replace or attempt to repair the assistive device. If the manufacturer or supplier chooses to attempt to repair the assistive device, it shall lend the consumer a comparable assistive device for use during the repair period if either of the following applies: (1) The repair period exceeds twenty-one days, including the day the assistive device is tendered to the manufacturer or supplier for repair; (2) The defect is the same defect for which the assistive device was returned to the manufacturer or supplier for repair on three or more previous occasions. (D) A manufacturer's duty to provide a replacement or reimbursement under this section remains in effect for the duration of the warranty period.
Ohio Rev. Code § 1345.78 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.78
§ 1345.78. Buyback violations
Status: in_force

September 15, 1999 House Bill 21 - 123rd General Assembly (A) Failure to comply with section 1345.76 of the Revised Code, in connection with a consumer transaction as defined in division (A) of section 1345.01 of the Revised Code, is an unfair and deceptive act or practice in violation of division (A) of section 1345.02 of the Revised Code. (B) The attorney general shall investigate any alleged violation of division (D) of section 1345.76 of the Revised Code and, in an appropriate case, may bring an appropriate action in a court of competent jurisdiction, charging a manufacturer with a violation of that division.
Ohio Rev. Code § 1345.66 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.66
§ 1345.66. Remedies
Status: in_force

March 28, 1985 House Bill 385 - 115th General Assembly (A) Any customer who is injured by a violation of sections 1345.61 to 1345.67 of the Revised Code has an action at law as provided by this section. (B) A customer has a cause of action pursuant to this division to remedy any injury caused by the invention developer arising from: (1) A violation of sections 1345.61 to 1345.67 of the Revised Code, or (2) The customer's acceptance of the invention development services contract in reliance upon any fraudulent misrepresentation or omission of material fact.
Ohio Rev. Code § 1306.05 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.05
§ 1306.05. Citation, construction and application of chapter
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly Sections 1306.01 to 1306.15 of the Revised Code may be known and cited as the "uniform electronic transactions act" and shall be construed and applied as follows: (A) To facilitate electronic transactions consistent with other applicable law; (B) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; (C) To effectuate its general purpose to make uniform the law with respect to the subject of sections 1306.01 to 1306.15 of the Revised Code among states enacting the uniform electronic transactions act.
Ohio Rev. Code § 1332.31 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.31
§ 1332.31. Emergency interrupt service announcements
Status: in_force

September 24, 2007 Senate Bill 117 - 127th General Assembly Not later than six months after the effective date of its video service authorization, a video service provider shall carry emergency interrupt service announcements transmitted by local television broadcasters and shall transmit national, state, and local emergency interrupt service announcements as required by 47 C.F.R. 11.11 et seq. or as otherwise required by the federal communications commission.
Ohio Rev. Code § 1329.03 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.03
§ 1329.03. Acceptance of document for filing - copy
Status: in_force

July 29, 1998 House Bill 579 - 122nd General Assembly Upon compliance by the applicant or user with the requirements of sections 1329.01 to 1329.10 of the Revised Code, the secretary of state shall accept a document for filing and make a copy of the document by microfilm or by any authorized photostatic or digitized process. Evidence of the filing shall be returned to the person filing the document.
Ohio Rev. Code § 1334.09 — Ohio Revised Code / Title 13 / Chapter 1334 / § 1334.09
§ 1334.09. Action for rescission and damages
Status: in_force

September 28, 2012 Senate Bill 196 - 129th General Assembly (A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following: (1) In an individual action: (a) Rescind the agreement by giving written notice to the seller within three years of the date of the agreement and recover all sums paid to the seller, less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller; (b) If the purchaser is found to have been damaged, recover up to three times the amount of actual damages or ten thousand dollars, whichever is greater. (2) Recover damages or other appropriate relief in a class action under Civil Rule 23, as amended. (B) The court may award to the prevailing party a reasonable attorney fee limited to the work reasonably performed, if either of the following apply: (1) The purchaser complaining of the act or practice that violated sections 1334.01 to 1334.15 of the Revised Code has brought or maintained an action that is groundless and the purchaser brought or maintained the action in bad faith; (2) The seller or broker committed an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code. (C) Upon receipt by a purchaser of the consideration paid to a seller, or a seller's affiliates, or both, pursuant to division (A)(1)(a) of this section, the purchaser shall make available to the seller, at a reasonable time and place, the goods received by the purchaser. However, a purchaser is not entitled to unjust enrichment by exercising the rights provided by this section.
Ohio Rev. Code § 1332.28 — Ohio Revised Code / Title 13 / Chapter 1332 / § 1332.28
§ 1332.28. Racial or income discrimination prohibited
Status: in_force

September 24, 2007 Senate Bill 117 - 127th General Assembly (A) Consistent with the "Telecommunications Act of 1996," Pub. L. No. 104-104, Title III, Sections 303(a), 110 Stat. 61, 124, 47 U.S.C. 541(a)(3) and to prohibit discriminatory practices against a group of potential residential subscribers, no video service provider shall deny access to video service to any group of potential residential subscribers in its video service area because of the race or income of the residents in the local area in which the group resides. (B) It is an affirmative defense to a violation of division (A) of this section if the video service provider can demonstrate either of the following: (1) Three years after the date it began providing video service in its video service area, at least twenty-five per cent of households with access to the provider's video service are low-income households. (2) Five years after the date it began providing video service in its video service area and thereafter, at least thirty per cent of the households with access to the provider's video service are low-income households.
Ohio Rev. Code § 1304.32 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.32
§ 1304.32. Customer's right to stop payment - burden of proof of loss - UCC 4-403
Status: in_force

April 6, 2017 House Bill 463 - 131st General Assembly (A) A customer, or any person authorized to draw on the account if there is more than one person, may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 1304.29 of the Revised Code. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account. (B) A stop payment order is effective for six months, but it lapses after fourteen calendar days if the original order was oral and was not confirmed in a record within that period. A stop payment order may be renewed for additional six- month periods by a record given to the bank within a period during which the stop payment order is effective. (C) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop payment order may include damages for dishonor of subsequent items under section 1304.31 of the Revised Code.
Ohio Rev. Code § 1307.301 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.301
§ 1307.301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling - UCC 7-301
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling [UCC 7-301] (A) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as in a case in which the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by "contents or condition of contents of packages unknown ", "said to contain ", "shipper's weight, load and count," or words of similar import, if that indication is true. (B) If goods are loaded by the issuer of a bill of lading: (1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk ; and (2) Words such as "shipper's weight, load and count," or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages. (C) If bulk goods are loaded by a shipper that makes available to the issuer of a bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request in a record to do so. In that case, "shipper's weight" or other words of similar import are ineffective. (D) The issuer of a bill of lading, by including in the bill the words "shipper's weight, load and count," or other words of similar import, may indicate that the goods were loaded by the shipper, and, if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading. (E) A shipper guarantees to an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to any person other than the shipper.
Ohio Rev. Code § 1312.06 — Ohio Revised Code / Title 13 / Chapter 1312 / § 1312.06
§ 1312.06. Owner's acceptance of contractor's offer - inspection - action by owner
Status: in_force

May 27, 2005 House Bill 175 - 125th General Assembly (A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contractor shall take reasonable measures to determine the nature and cause of the construction defects and the appropriate remedy. The measures the contractor takes may include, but are not limited to, testing. (B) Within ten days after a residential contractor conducts an inspection as described in this section, the contractor shall provide the owner with one of the following: (1) A written offer to remedy the defects at no cost to the owner. The offer shall be accompanied by an inspection report, a prediction of the additional construction work necessary to remedy each defect, and a timetable for completing the work necessary to remedy the defects. (2) A written offer to settle the claim; (3) A written statement asserting that the contractor does not intend to remedy the defects. (C) An owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor if any of the following occur: (1) The contractor does not inspect the property within fourteen days after the owner accepts the offer to inspect. (2) Following an inspection, the contractor does not provide a written response. (3) The contractor responds that the contractor does not intend to remedy the defects. (4) The contractor fails to remedy the defects in the manner the contractor describes or within the timetable the contractor provides. (D) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the contractor may take reasonable steps to document the repair or replacement and to inspect the repair or replacement or have it inspected. (E) If an owner accepts an offer that a residential contractor makes in compliance with this chapter to compromise and settle the claim, to remedy the defects, or to settle the claim and the contractor fulfills that offer in compliance with this chapter, the owner is barred from bringing a dwelling action or commencing arbitration proceedings for the claim.
Ohio Rev. Code § 1349.70 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.70
§ 1349.70. High-volume seller duty to disclose certain information
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly (A) An online marketplace shall do both of the following: (1) Require any high-volume third party seller with an aggregate total of twenty thousand dollars or more in annual gross revenues on such online marketplace, and that uses such online marketplace's platform, to provide the information described in division (B) of this section to the online marketplace; (2) Disclose the information described in division (B) of this section to consumers in a clear and conspicuous manner both in: (a) The order confirmation message or other document or communication made to a consumer after a purchase is finalized; (b) The consumer's account transaction history. (B) The information required to be provided and disclosed by division (A) of this section is both of the following: (1) Except as provided in section 1349.71 of the Revised Code, the identity of the high-volume third party seller, including all of the following: (a) The full name of the seller, which may include the seller name or seller's company name, or the name by which the seller or company operates on the online marketplace; (b) The physical address of the seller; (c) Contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including any of the following: (i) A current working telephone number; (ii) A current working electronic mail address; or (iii) Other means of direct electronic messaging, which may be provided to such seller by the online marketplace. (2) Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in division (B)(1) of this section relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase. Last updated May 16, 2022 at 4:20 PM
Ohio Rev. Code § 1310.09 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.09
§ 1310.09. Final written expression - parol or extrinsic evidence - UCC 2A-202
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly Terms with respect to which the confirmatory memoranda of the parties agree or that otherwise are set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms that are included in their agreement may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented by both of the following: (A) Course of dealing, usage of trade, or course of performance; (B) Evidence of consistent additional terms, unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Ohio Rev. Code § 1302.04 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.04
§ 1302.04. Formal requirements - statute of frauds - UCC 2-201
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Except as otherwise provided in this section a contract for the sale of goods for the price of five hundred dollars or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker . A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this division beyond the quantity of goods shown in such writing. (B) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of division (A) of this section against such party unless written notice of objection to its contents is given within ten days after it is received. (C) A contract which does not satisfy the requirements of division (A) of this section but which is valid in other respects is enforceable: (1) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or (2) if the party against whom enforcement is sought admits in his pleading, testimony, or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (3) with respect to goods for which payment has been made and accepted or which have been received and accepted in accordance with section 1302.64 of the Revised Code.
Ohio Rev. Code § 1322.07 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.07
§ 1322.07. Requirement to obtain certificate of registration or license
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly (A)(1) No person, on the person's own behalf or on behalf of any other person, shall engage in the transaction of business as a mortgage lender, mortgage servicer, or mortgage broker in this state without first having obtained a certificate of registration from the superintendent of financial institutions for the principal office and every branch office to be maintained by the person for the transaction of business as a mortgage lender, mortgage servicer, or mortgage broker in this state. (2) A registrant shall maintain an office location for the transaction of business as a mortgage lender, mortgage servicer, or mortgage broker in any state of the United States. Registrants are not required to maintain a physical location in this state. (B)(1) No individual shall act as a mortgage loan originator without first having obtained a license from the superintendent. A mortgage loan originator shall be employed by or associated with a registrant or entity holding a valid letter of exemption under this chapter, but shall not be employed by or associated with more than one registrant or entity holding a valid letter of exemption under this chapter at any one time. (2) An individual acting under the individual's authority as a registered mortgage loan originator shall not be required to be licensed under division (B)(1) of this section. Last updated June 22, 2021 at 1:10 PM
Ohio Rev. Code § 1345.41 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.41
§ 1345.41. Prepaid entertainment contract definitions
Status: in_force

September 22, 1976 Senate Bill 157 - 111th General Assembly As used in sections 1345.41 to 1345.50 of the Revised Code: (A) "Prepaid entertainment contract" means a contract under which the buyer of a service pays for or becomes obligated to pay for service prior to the buyer's receipt of or enjoyment of any or all of the service and that is a contract for: (1) Dance studio lessons, which include related services and instruction in ballroom or other types of dancing, and lessons whether given to students individually or in groups; (2) Social referral service, which includes any service that, for a fee, provides matching of members of the opposite sex, by any means, for purposes of introduction, dating, or general social contacts; (3) Martial arts training, whether or not the training will lead to a specific degree of expertise; (4) Health spa service, which includes contracts for instruction, training, or assistance in physical culture, body-building, exercising, reducing, figure development, or any other similar activity or for the use of the facilities of a health spa, gymnasium, or other facility used for any purpose described in this division, or for membership in any group, club, association, or organization formed for any purpose described in this division. "Prepaid entertainment contracts" do not include contracts for services rendered by any public or private nonprofit school, college, or university; by the state or any of its political subdivisions; or by any nonprofit religious, ethnic, or community organization. (B) "Purchase price" means the total cumulative price of a prepaid entertainment service, whether under single or multiple contracts, including all interest and service charges. (C) "Business day" means any calendar day except Sunday, or a legal holiday as defined in section 1.14 of the Revised Code. (D) "First service" means the first service rendered to the buyer under a prepaid entertainment contract that is typical of the type of service rendered throughout the course of the contract and that is not a special or an introductory service.
Ohio Rev. Code § 1309.606 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.606
§ 1309.606. Time for default for agricultural lien - UCC 9-606
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly For purposes of sections 1309.601 to 1309.628 of the Revised Code, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
Ohio Rev. Code § 1322.16 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.16
§ 1322.16. Transfer of ownership interests; notification
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly (A) A registrant that is a corporation, limited liability company, partnership, trust, or other business entity or association shall notify the division of financial institutions of every sale, transfer, or hypothecation of any stock, security, membership, partnership, or other equitable, beneficial, or ownership interest in the entity or association, if the interest represents at least a five per cent membership, partnership, or other equitable, beneficial, or ownership interest in the entity or association. (B) Every person that acquires or otherwise receives an interest described in division (A) of this section is subject to this chapter. The division may make any investigation necessary to determine whether any fact or condition exists that, if it had existed at the time of the original application for a certificate of registration, the fact or condition would have warranted the division to deny the application under section 1322.10 of the Revised Code. If such a fact or condition is found, the division may, in accordance with Chapter 119. of the Revised Code, revoke the registrant's certificate. Last updated June 22, 2021 at 1:13 PM
Ohio Rev. Code § 1309.103 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.103
§ 1309.103. Purchase-money security interest - application of payments - burden of establishing - UCC 9-103
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) As used in this section: (1) "Purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and (2) "Purchase-money obligation" means an obligation of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used. (B) A security interest in goods is a purchase-money security interest: (1) To the extent that the goods are purchase-money collateral with respect to that security interest; (2) If the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and (3) To the extent that the security interest secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest. (C) A security interest in software is a purchase-money security interest to the extent that the security interest also secures a purchase-money obligation incurred with respect to goods in which the secured party holds or held a purchase-money security interest if: (1) The debtor acquired its interest in the software in an integrated transaction in which it acquired an interest in the goods; and (2) The debtor acquired its interest in the software for the principal purpose of using the software in the goods. (D) The security interest of a consignor in goods that are the subject of a consignment is a purchase-money security interest in inventory. (E) In a transaction other than a consumer-goods transaction, if the extent to which a security interest is a purchase-money security interest depends on the application of a payment to a particular obligation, the payment must be applied: (1) In accordance with any reasonable method of application to which the parties agree; (2) In the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment. or (3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order: (a) To obligations that are not secured; (b) If more than one obligation is secured, to obligations secured by purchase-money security interests in the order in which those obligations were incurred. (F) In a transaction other than a consumer-goods transaction, a purchase-money security interest does not lose its status as a purchase-money security interest, even if: (1) The purchase-money collateral also secures an obligation that is not a purchase-money obligation. (2) Collateral that is not purchase-money collateral also secures the purchase-money obligation. or (3) The purchase-money obligation has been renewed, refinanced, consolidated, or restructured. (G) In a transaction other than a consumer-goods transaction, a secured party claiming a purchase-money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest. (H) The limitation in divisions (E), (F), and (G) of this section to transactions other than consumer-goods transactions is intended to leave to a court the determination of the proper rules in consumer-goods transactions. The court shall not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches.
Ohio Rev. Code § 1309.508 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.508
§ 1309.508. Effectiveness of financing statement if new debtor becomes bound by security agreement - UCC 9-508
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (B) If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under division (A) of this section to be 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 new debtor before, and within four months after, the new debtor becomes bound under division (D) of section 1309.203 of the Revised Code; and (2) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under division (D) of section 1309.203 of the Revised Code unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time. (C) This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under division (A) of section 1309.507 of the Revised Code.
Ohio Rev. Code § 1317.01 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.01
§ 1317.01. Retail installment sale definitions
Status: in_force

April 14, 2006 House Bill 81 - 126th General Assembly As used in this chapter: (A) "Retail installment sale" includes every retail installment contract to sell specific goods, every consumer transaction in which the cash price may be paid in installments over a period of time, and every retail sale of specific goods to any person in which the cash price may be paid in installments over a period of time. "Retail installment sale" does not include a lease-purchase agreement as defined in division (F) of section 1351.01 of the Revised Code nor a layaway arrangement as defined in division (S) of this section. (B) "Person" includes an individual, corporation, trust, partnership of two or more persons having a joint or common interest, and any other association. (C)(1) "Goods" means all things, including specially manufactured goods but not including the money in which the price is to be paid or things in action, that satisfy both of the following: (a) They are movable at the time of identification for sale or identification to the contract for sale; (b) They are purchased primarily for personal, family, or household purposes. (2) Nothing in division (C)(1) of this section shall be construed to exempt transactions involving items purchased for other than primarily personal, family, or household purposes from sections 2905.21 to 2905.24 of the Revised Code. (D) "Specific goods" means goods, including related services, identified and agreed upon at the time a contract to sell or a sale is made. (E) "Retail" means to dispose of specific goods to, or to acquire specific goods by, a person for use other than for purposes of resale. (F) "Buyer" means a person that buys or agrees to buy goods or any legal successor in interest of such person. (G) "Retail buyer" means a buyer that is a party to a retail installment sale, or any legal successor in interest of such person. (H) "Seller" means a person who sells or agrees to sell goods. (I) "Retail seller" means a seller that is a party to a retail installment sale. (J) "Holder of the retail installment contract" means any person to which the money owed by the retail buyer on the retail installment contract has been paid. (K) "Cash price" means the price measured in dollars, agreed upon in good faith by the parties as the price at which the specific goods which are the subject matter of any retail installment sale would be sold if such sale were a sale for cash to be paid upon delivery instead of a retail installment sale. "Cash price" may include sales taxes. (L) "Retail installment contract" means any written instrument that is executed in connection with any retail installment sale and is required by section 1317.02 of the Revised Code or is authorized by section 1317.03 of the Revised Code, and includes all such instruments executed in connection with any retail installment sale. (M) "Contract for sale" and "sale" have the same meanings as in section 1302.01 of the Revised Code; and "security agreement" has the same meaning as in section 1309.102 of the Revised Code. (N) "Finance charge" means the amount that the retail buyer pays or contracts to pay the retail seller for the privilege of paying the principal balance in installments over a period of time. Any advancement in the cash price ordinarily charged by the retail seller is a finance charge when a retail installment sale is made. (O) "Service charge" means the amount that the retail buyer pays or contracts to pay the retail seller for the privilege of paying the principal balance in installments over a period of time in addition to the finance charge for the same privilege. (P) "Consumer transaction" means a sale, lease, assignment, or other transfer of an item of goods, or a service, except those transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised Code, and their customers, or between attorneys or physicians and their clients or patients, to an individual for purposes that are primarily personal, family, or household. For the purposes of this chapter only, a "consumer transaction" does not include a lease-purchase agreement. (Q) "Purchase money loan" means a cash advance that is received by a consumer from a creditor in return for a finance charge within the meaning of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. 1601 and regulation Z thereunder, which is applied in whole or substantial part to a consumer transaction with a seller, that either: (1) Cooperates with the creditor to channel consumers to the creditor on a continuing basis; (2) Is affiliated with the creditor by common control, contract, or business arrangement. If a credit card issued by a bank, savings and loan association, savings bank, or credit union is used by a consumer in a particular consumer transaction, the bank, savings and loan association, savings bank, or credit union is not a creditor, within the meaning of this division, with respect to the particular consumer transaction. (R) "Dealer" and "motor vehicle" have the same meanings as in section 4501.01 of the Revised Code. (S)(1) "Layaway arrangement" means a contract for sale at retail, other than one involving the sale of a motor vehicle by a dealer, in which the buyer agrees to buy and the seller agrees to sell specific goods at a future time and both of the following apply: (a) Until such future time, the seller agrees to retain possession of but remove the specific goods from its retail inventory and not offer the specific goods for sale to other persons or promises the availability thereof at the agreed time of delivery; (b) The buyer agrees to pay the seller the layaway price, in whole or in part, by deposit, down payment, part payment, periodically or in installments or otherwise prior to delivery of the specific goods. (2) A layaway arrangement does not include interest or equivalent financing charges. If a contract of sale is a layaway arrangement, it is not a retail installment sale, and it is not a contract subject to Chapter 1309. or sections 1351.02 to 1351.09 or 1317.02 to 1317.16 of the Revised Code. (T) "Layaway price" means the price at which the specific goods that are the subject of a layaway arrangement are offered for sale at retail by the seller if such sale were a sale for cash to be paid in full upon delivery on the date the layaway arrangement was entered into instead of pursuant to a layaway arrangement. Layaway price may include sales taxes.
Ohio Rev. Code § 1311.17 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.17
§ 1311.17. Adjustment of claim when owner fails to perform
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When the owner, part owner, or lessee fails to perform his part of the contract, and by reason thereof the other party without his default, is prevented from completely performing his part, he is entitled to a reasonable compensation for as much thereof as he has performed in proportion to the price stipulated for the whole, and the court shall adjust his claim accordingly.
Ohio Rev. Code § 1321.13 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.13
§ 1321.13. Small loan maximum interest rate; computation of interest; precomputed loans; permissible charges; insurance
Status: in_force

October 29, 1993 Senate Bill 140 - 120th General Assembly (A) Notwithstanding any other provisions of the Revised Code, a licensee may contract for and receive interest, calculated according to the actuarial method, at a rate or rates not exceeding twenty-eight per cent per year on that portion of the unpaid principal balance of the loan not exceeding one thousand dollars and twenty-two per cent per year on any part of the unpaid principal balance exceeding one thousand dollars. A licensee may contract for and receive interest at the single annual rate that would earn the same total interest at maturity of the loan, when the loan is paid according to its agreed terms, as would be earned by the application of the graduated rates set forth in this division. Loans may be interest-bearing or precomputed. (B) For purposes of computation of time on interest-bearing and precomputed loans, including, but not limited to, the calculation of interest, a month is considered one-twelfth of a year, and a day is considered one three hundred sixty-fifth of a year when calculation is made for a fraction of a month. A year is as defined in section 1.44 of the Revised Code. A month is that period described in section 1.45 of the Revised Code. (C) With respect to interest-bearing loans: (1) Interest shall be computed on unpaid principal balances outstanding from time to time, for the time outstanding. Each payment shall be applied first to unpaid charges and fees, then to interest, and the remainder to the unpaid principal balance. However, if the amount of the payment is insufficient to pay the accumulated interest, the unpaid interest continues to accumulate to be paid from the proceeds of subsequent payments and is not added to the principal balance. If the maturity of the loan is accelerated for any reason and judgment is entered, the licensee may thereafter charge the same rate or rates of interest as provided in the loan contract. (2) Interest shall not be compounded. However, if part or all of the consideration for a new loan contract is the unpaid principal balance of a prior loan, then the principal amount payable under the new loan contract may include any unpaid interest that has accrued. The resulting loan contract shall be deemed a new and separate loan transaction for purposes of this section. The unpaid principal balance of a precomputed loan is the balance due after refund or credit of unearned interest as provided in division (D)(3) of this section. (D) With respect to precomputed loans: (1) Loans shall be repayable in substantially equal and consecutive monthly installments of principal and interest combined, except that the first installment period may exceed one month by not more than fifteen days, and the first installment payment amount may be larger than the remaining payments by the amount of interest charged for the extra days; and provided further that monthly installment payment dates may be omitted to accommodate borrowers with seasonal income. (2) Payments may be applied to the combined total of principal and precomputed interest until maturity of the loan. A licensee may charge interest after the original or deferred maturity of a precomputed loan at the rate or rates provided in division (A) of this section on all unpaid principal balances for the time outstanding. (3) When any loan contract is paid in full by cash, renewal, refinancing, or a new loan, one month or more before the final installment due date, the licensee shall refund, or credit the borrower with, the total of the applicable charges for all fully unexpired installment periods, as originally scheduled or as deferred, that follow the day of prepayment. If the prepayment is made other than on a scheduled installment installment due date, the nearest scheduled due date shall be used in such computation. If the prepayment occurs prior to the first installment due date, the licensee may retain one-thirtieth of the applicable charge for a first installment period of one month for each day from date of loan to date of prepayment, and shall refund, or credit the borrower with, the balance of the total interest contracted for. If the maturity of the loan is accelerated for any reason and judgment is entered, the licensee shall credit the borrower with the same refund as if prepayment in full had been made on the date the judgment is entered and may thereafter convert the loan to an interest-bearing loan at the same rate or rates of interest as provided in the loan contract. If the maturity of the loan is accelerated for any reason, the licensee may convert the loan to an interest-bearing loan at the same rate or rates of interest as provided in the loan contract, provided the licensee credits the borrower with the same refund on the precomputed loan as if prepayment in full had been made on the date of the conversion. (4) If the parties agree in writing, either in the loan contract or in a subsequent agreement, to a deferment of wholly unpaid installments, a licensee may grant a deferment and may collect a deferment charge as provided in this section. A deferment postpones the scheduled due date of the earliest unpaid installment and all subsequent installments as originally scheduled, or as previously deferred, for a period equal to the deferment period. The deferment period is that period during which no installment is scheduled to be paid by reason of the deferment. The deferment charge for a one-month period may not exceed the applicable charge for the installment period immediately following the due date of the last undeferred installment. A proportionate charge may be made for deferment for periods of more or less than one month. A deferment charge is earned prorata during the deferment period and is fully earned on the last day of the deferment period. If a loan is prepaid in full during a deferment period, the licensee shall make, or credit to the borrower, a refund of the unearned deferment charge in addition to any other refund or credit made for prepayment of the loan in full. (E) A licensee, at the request of the borrower, may obtain, on one or more borrowers, credit life insurance, credit accident and health insurance, and unemployment insurance. The premium or identifiable charge for the insurance may be included in the principal amount of the loan and may not exceed the premium rate filed by the insurer with the superintendent of insurance and not disapproved by him. If a licensee obtains the insurance at the request of the borrower, the borrower shall have the right to cancel the insurance for a period of twenty-five days after the loan is made. If the borrower chooses to cancel the insurance, the borrower shall give the licensee written notice of this choice and shall return all of the policies or certificates of insurance or notices of proposed insurance to the licensee during such period, and the full premium or identifiable charge for the insurance shall be refunded to the borrower by the licensee. If the borrower requests, in the notice to cancel the insurance, that this refund be applied to reduce the balance of a precomputed loan, the licensee shall credit the amount of the refund plus the amount of interest applicable to the refund to the loan balance. (F) A licensee may require the borrower to provide insurance or a loss payable endorsement covering reasonable risks of loss, damage, and destruction of property used as security for the loan and with the consent of the borrower such insurance may cover property other than that which is security for the loan. The amount and term of required property insurance shall be reasonable in relation to the amount and term of the loan contract and the type and value of the security, and the insurance shall be procured in accordance with the insurance laws of this state. The purchase of this insurance through the licensee or an agent or broker designated by the licensee shall not be a condition precedent to the granting of the loan. If the borrower purchases the insurance from or through the licensee or from another source, the premium may be included in the principal amount of the loan. (G) In addition to the interest and charges provided for by this section, no further or other amount shall be charged or required by the licensee, except the amounts of fees authorized by law to record, file, or release security interests on a loan and fees for credit reports, which amounts may be included in the principal amount of the loan or collected at any time after the loan is made, and except costs and disbursements to which the licensee may become entitled by law in connection with any suit to collect a loan or any lawful activity to realize on a security interest after default. (H) If the loan contract or security instrument contains covenants by the borrower to perform certain duties pertaining to insuring or preserving security and the licensee pursuant to the loan contract or security instrument pays for performance of the duties on behalf of the borrower, the licensee may add the amounts paid to the unpaid principal balance of the loan or collect them separately. A charge for interest may be made for sums advanced not exceeding the rate of interest permitted by division (A) of this section. Within a reasonable time after advancing a sum, the licensee shall notify the borrower in writing of the amount advanced, any interest charged with respect to the amount advanced, any revised payment schedule, and shall include a brief description of the reason for the advance. (I) A licensee may charge and receive loan origination charges not exceeding the following: (1) On loans in the principal amount of five hundred dollars of less, the greater of fifteen dollars or one per cent of the principal amount of the loan and, on each refinancing made more than six months after the original loan and any previous refinancing, not exceeding fifteen dollars; (2) On all other loans, the greater of thirty dollars or one percent of the principal amount of the loan and, on each refinancing, not exceeding thirty dollars. Loan origination charges may be paid by the borrower at the time of the loan or may be included in the principal amount of the loan. (J) A licensee may charge and receive check collection charges not greater than twenty dollars plus any amount passed on from other financial institutions for each check, negotiable order of withdrawal, share draft, or other negotiable instrument returned or dishonored for any reason. (K) If the loan contract so provides, a licensee may collect a default charge on any installment not paid in full within ten days after its due date. For this purpose, all installments are considered paid in the order in which they become due. Any amounts applied to an outstanding loan balance as a result of voluntary release of a security interest, sale of security on the loan, or cancellation of insurance shall be considered payments on the loan, unless the parties otherwise agree in writing at the time the amounts are applied. The amount of the default charge shall not exceed the greater of five per cent of the scheduled installment or five dollars. Last updated November 3, 2021 at 5:41 PM