Ohio Rev. Code § 1309.620 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.620
§ 1309.620. Acceptance of collateral in full or partial satisfaction of obligation - compulsory disposition of collateral - UCC 9-620
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in division (G) of this section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) The debtor consents to the acceptance under division (C) of this section; (2) The secured party, within the time prescribed in division (D) of this section, does not receive a notification of objection to the proposal authenticated by: (a) A person to whom the secured party was required to send a proposal under section 1309.621 of the Revised Code; or (b) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal. (3) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (4) Division (E) of this section does not require the secured party to dispose of the collateral, or the debtor waives the requirement pursuant to section 1309.624 of the Revised Code. (B) A purported or apparent acceptance of collateral under this section is not effective unless: (1) The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and (2) The conditions of division (A) of this section are met. (C) For purposes of this section: (1) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and (2) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party: (a) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (b) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (c) Does not receive a notification of objection authenticated by the debtor within twenty days after the proposal is sent. (D) To be effective under division (A)(2) of this section, a notification of objection must be received by the secured party: (1) In the case of a person to whom the proposal was sent pursuant to section 1309.621 of the Revised Code, within twenty days after notification was sent to that person; and (2) In the case of persons other than those described in division (D)(1) of this section: (a) Within twenty days after the last notification was sent pursuant to section 1309.621 of the Revised Code; or (b) If a notification was not sent, before the debtor consents to the acceptance under division (C) of this section. (E) A secured party who has taken possession of collateral shall dispose of the collateral pursuant to section 1309.610 of the Revised Code within the time specified in division (F) of this section if: (1) Sixty per cent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or (2) Sixty per cent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods. (F) To comply with division (E) of this section, the secured party shall dispose of the collateral: (1) Within ninety days after taking possession; or (2) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default. (G) In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Ohio Rev. Code § 1313.07 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.07
§ 1313.07. Removal of assignee or trustee
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The probate court may remove an assignee or trustee for the benefit of creditors, specifying in the order the cause of removal.
Ohio Rev. Code § 1322.29 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.29
§ 1322.29. Supervision of mortgage loan originator; transfer of license
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly (A) A registrant or entity holding a valid letter of exemption under division (B)(1) of section 1322.05 of the Revised Code shall supervise all business of a mortgage loan originator conducted at the principal office, any branch office, or other location used by the individual mortgage loan originator. (B) If a mortgage loan originator's employment or association is terminated for any reason, the licensee may request the transfer of the license to another registrant by submitting a transfer application, along with a fifteen-dollar fee and any fee required by the national mortgage licensing system and registry, to the superintendent of financial institutions or may request the superintendent in writing to hold the license in escrow. Any licensee whose license is held in escrow shall cease activity as a mortgage loan originator. A licensee whose license is held in escrow shall be required to apply for renewal annually and to comply with the annual continuing education requirement. (C) A registrant may employ or be associated with a mortgage loan originator on a temporary basis pending the transfer of the mortgage loan originator's license to the registrant, if the registrant receives written confirmation from the superintendent that the mortgage loan originator is licensed under this chapter. (D) Notwithstanding divisions (A) to (C) of this section, if a licensee is employed by or associated with a person or entity holding a valid letter of exemption under division (B)(1) of section 1322.05 of the Revised Code, and if the mortgage loan originator's employment or association is terminated, the mortgage loan originator shall notify the superintendent within five business days after termination. The licensee may request the transfer of the license to another person or entity holding a valid letter of exemption under division (B)(1) of section 1322.05 of the Revised Code by submitting a transfer application, along with a fifteen-dollar fee and any fee required by the national mortgage licensing system and registry, to the superintendent or may request the superintendent in writing to hold the license in escrow. A licensee whose license is held in escrow shall cease activity as a mortgage loan originator. A licensee whose license is held in escrow shall be required to apply for renewal annually and to comply with the annual continuing education requirement. (E) A licensee may seek to be employed by or associated with a registrant or a person or entity holding a valid letter of exemption under division (B)(1) of section 1322.05 of the Revised Code, if the registrant receives written confirmation from the superintendent that the mortgage loan originator is licensed under this chapter. Last updated June 22, 2021 at 1:25 PM
Ohio Rev. Code § 1303.45 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.45
§ 1303.45. Drawee not liable on unaccepted draft - UCC 3-408
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it.
Ohio Rev. Code § 1303.60 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.60
§ 1303.60. Conversion of instrument - UCC 3-420
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) The law applicable to conversion of personal property applies to instruments. An instrument also is converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or if a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by the issuer or acceptor of the instrument or a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee. (B) In an action under division (A) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument. (C) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
Ohio Rev. Code § 1336.07 — Ohio Revised Code / Title 13 / Chapter 1336 / § 1336.07
§ 1336.07. Remedies of creditor
Status: in_force

January 1, 1998 House Bill 352 - 122nd General Assembly (A) In an action for relief arising out of a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, a creditor or a child support enforcement agency on behalf of a support creditor, subject to the limitations in section 1336.08 of the Revised Code, may obtain one of the following: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the claim of the creditor; (2) An attachment or garnishment against the asset transferred or other property of the transferee in accordance with Chapters 2715. and 2716. of the Revised Code; (3) Subject to the applicable principles of equity and in accordance with the Rules of Civil Procedure, any of the following: (a) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; (c) Any other relief that the circumstances may require. (B) If a creditor or child support enforcement agency has obtained a judgment on a claim against the debtor, the creditor or agency, if the court so orders, may levy execution on the asset transferred or its proceeds in accordance with Chapter 2329. of the Revised Code.
Ohio Rev. Code § 1303.54 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.54
§ 1303.54. Obligation of drawer - UCC 3-414
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) This section does not apply to cashier's checks or other drafts drawn on the drawer. (B) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft in accordance with either of the following: (1) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; (2) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under section 1303.55 of the Revised Code. (C) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained. (D) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under division (A) and (C) of section 1303.55 of the Revised Code. (E) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft and the draft is not a check, the drawer is not liable under division (B) of this section to pay the draft. A disclaimer of the liability stated in division (B) of this section is not effective if the draft is a check. (F) If a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, the drawee suspends payments after expiration of the thirty-day period without paying the check, and, because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
Ohio Rev. Code § 1322.27 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.27
§ 1322.27. Examination for mortgage loan originator license
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly Each applicant for a mortgage loan originator license shall submit to a written test that is developed and approved by the nationwide mortgage licensing system and registry and administered by an approved test provider. (A) The test shall adequately measure the applicant's knowledge and comprehension in appropriate subject areas, including ethics, federal and state law related to mortgage origination, fraud, consumer protection, and the nontraditional mortgage marketplace, and fair lending issues. (B) An individual shall not be considered to have passed the written test unless the individual answers at least seventy-five per cent of the questions correctly. (C) An individual may retake the test three consecutive times provided the period between taking the tests is at least thirty days. If an individual fails three consecutive tests, the individual shall be required to wait at least six months before taking the test again. (D) If a mortgage loan originator fails to maintain a valid mortgage loan originator license for a period of five years or longer, the individual shall be required to retake the test. For this purpose, any time during which the individual is a registered mortgage loan originator shall not be taken into account. Last updated June 22, 2021 at 1:19 PM
Ohio Rev. Code § 1333.17 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.17
§ 1333.17. Determining cost to retailer
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A court in determining cost to the retailer and cost to the wholesaler shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under sections 1333.11 to 1333.21 , inclusive, of the Revised Code purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices as to conceal the true cost, discounts, or terms of purchase, and shall also receive and consider as bearing on the bona fides of such cost, evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature.
Ohio Rev. Code § 1321.99 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.99
§ 1321.99. Penalty
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly (A) Whoever violates section 1321.02 of the Revised Code is guilty of a felony of the fifth degree. (B) Whoever violates section 1321.13 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than six months, or both. (C) Whoever violates section 1321.14 of the Revised Code shall be fined not less than fifty nor more than two hundred dollars for a first offense; for a second offense such person shall be fined not less than two hundred nor more than five hundred dollars and imprisoned for not more than six months. (D) Whoever willfully violates section 1321.57 , 1321.58 , division (A), (B), or (C) of section 1321.59 , 1321.591 , or 1321.60 of the Revised Code is guilty of a minor misdemeanor and shall be fined not less than one nor more than five hundred dollars. (E)(1) Whoever violates section 1321.63 or division (H), (I), or (K) of section 1321.69 of the Revised Code is guilty of a felony of the fifth degree. (2) A violation of section 1321.63 or division (K) of section 1321.69 of the Revised Code is a strict liability offense and section 2901.20 of the Revised Code does not apply. (F) Whoever violates division (A) of section 1321.73 of the Revised Code shall be fined not more than five hundred dollars or imprisoned not more than six months, or both. (G) Whoever violates section 1321.41 of the Revised Code is guilty of a misdemeanor of the first degree. (H) Whoever violates section 1321.141 or 1321.592 of the Revised Code is guilty of a minor misdemeanor and shall be fined not less than one hundred nor more than five hundred dollars. (I) The offenses established under sections 1321.141 , 1321.41 , and 1321.592 of the Revised Code are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense for which there is no specified degree of culpability, whether in this section or another section of the Revised Code, is not a strict liability offense. (J) The imposition of fines pursuant to this section does not preclude the imposition of any administrative fines or civil penalties authorized under section 1321.54 or any other section of the Revised Code. Disclaimer Contact About
Ohio Rev. Code § 1349.05 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.05
§ 1349.05. Solicitation of employment by health care practitioner
Status: in_force

November 22, 2020 House Bill 151 - 133rd General Assembly (A) As used in this section: (1) "Agency" and "license" have the same meanings as in section 119.01 of the Revised Code. (2) "Crime" has the same meaning as in section 2930.01 of the Revised Code. (3) "Health care practitioner" means any of the following: (a) An individual licensed under Chapter 4731. of the Revised Code to practice medicine and surgery; (b) An individual licensed under Chapter 4723. of the Revised Code to practice as an advanced practice registered nurse; (c) An individual licensed under Chapter 4730. of the Revised Code to practice as a physician assistant; (d) An individual licensed under Chapter 4732. of the Revised Code to practice as a psychologist; (e) An individual licensed under Chapter 4734. of the Revised Code to practice as a chiropractor. (4) "Victim" has the same meaning as in section 2930.01 of the Revised Code, except that it excludes any party to a motor vehicle accident. (B) No health care practitioner, with the intent to obtain professional employment for the health care practitioner, shall directly contact in person, by telephone, or by electronic means any victim of a crime, or any witness to a motor vehicle accident or crime, other than a witness that was a party to a motor vehicle accident, until thirty days after the date of the motor vehicle accident or crime. (C) No person who has been paid or given, or was offered to be paid or given, money or anything of value to solicit employment on behalf of another shall directly contact in person, by telephone, or by electronic means any victim of a crime, or any witness to a motor vehicle accident or crime, other than a witness that was a party to a motor vehicle accident, until thirty days after the date of the motor vehicle accident or crime. (D)(1) Except as provided in division (D)(3) of this section, all of the following apply to a health care practitioner who, for the purpose of obtaining professional employment, contacts any party to a motor vehicle accident: (a) The health care practitioner shall not contact the party in person at any time for the purpose of obtaining professional employment. (b) Beginning twenty-four hours after the time of the accident, the health care practitioner may initiate contact with the party for the purpose of obtaining professional employment as follows: (i) Through telephone, but not more than once in any forty-eight hour period; (ii) Once through electronic mail; (iii) Once through a text message; (iv) Once in writing delivered through the United States postal service. (2) Except as provided in division (D)(3) of this section, all of the following apply to a person who has been paid or given, or was offered to be paid or given, money or anything of value to contact, for the purpose of obtaining professional employment on behalf of another, any party to a motor vehicle accident: (a) The person shall not contact the party in person at any time for the purpose of obtaining professional employment on behalf of another. (b) Beginning twenty-four hours after the time of the accident, the person may initiate contact with the party for the purpose of obtaining professional employment on behalf of another as follows: (i) Through telephone, but not more than once in any forty-eight hour period; (ii) Once through electronic mail; (iii) Once through a text message; (iv) Once in writing delivered through the United States postal service. (3) Divisions (D)(1) and (2) of this section do not apply to any person who solicits professional services to any party to a motor vehicle accident if the party being solicited was a previous purchaser of services from the person soliciting employment, or from the person on whose behalf employment is being solicited, and if both of the following apply: (a) The solicitation is made under the same business or professional name that was previously used to sell services to the party to the motor vehicle accident. (b) The person who will be providing the services has, for a period of not less than three years, operated a business or professional occupation under the same business or professional name as the name used in the solicitation. (E) If an agency that has issued a license to a person believes that the person has violated this section, the agency shall issue a notice and conduct a hearing in accordance with Chapter 119. of the Revised Code. After determining that a person has violated this section on three separate occasions, the agency shall suspend the person's license.
Ohio Rev. Code § 1304.13 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.13
§ 1304.13. Effect of instructions - UCC 4-203
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly Subject to Chapter 1303. of the Revised Code concerning conversion of instruments and restrictive indorsements, only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.
Ohio Rev. Code § 1322.50 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.50
§ 1322.50. Disciplinary actions
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly (A) After notice and opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code, the superintendent of financial institutions may do the following: (1) Suspend, revoke, or refuse to issue or renew a certificate of registration, license, or letter of exemption if the superintendent finds any of the following: (a) A violation of or failure to comply with any provision of this chapter or the rules adopted under this chapter, federal lending law, or any other law applicable to the business conducted under a certificate of registration or license; (b) A conviction of or guilty or nolo contendere plea to a felony in a domestic, foreign, or military court; (c) A conviction of or guilty or nolo contendere plea to any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, breach of trust, dishonesty, or drug trafficking, or any criminal offense involving money or securities, in a domestic, foreign, or military court; (d) The revocation of a certificate of registration or mortgage loan originator license, or any comparable authority, in any governmental jurisdiction. (2) Impose a fine of not more than one thousand dollars, for each day a violation of a law or rule is committed, repeated, or continued. If the registrant, letter of exemption holder, or licensee engages in a pattern of repeated violations of a law or rule, the superintendent may impose a fine of not more than two thousand dollars for each day the violation is committed, repeated, or continued. All fines collected pursuant to this division shall be paid to the treasurer of state to the credit of the consumer finance fund created in section 1321.21 of the Revised Code. In determining the amount of a fine to be imposed pursuant to this division, the superintendent may consider all of the following, to the extent known by the division of financial institutions: (a) The seriousness of the violation; (b) The registrant's or licensee's good faith efforts to prevent the violation; (c) The registrant's or licensee's history regarding violations and compliance with division orders; (d) The registrant's or licensee's financial resources; (e) Any other matters the superintendent considers appropriate in enforcing this chapter. (B) The superintendent may investigate alleged violations of this chapter or the rules adopted under this chapter or complaints concerning any violation. (1) The superintendent may make application to the court of common pleas for an order enjoining any violation and, upon a showing by the superintendent that a person has committed or is about to commit that violation, the court shall grant an injunction, restraining order, or other appropriate relief. (2) The superintendent may make application to the court of common pleas for an order enjoining any person from acting as a mortgage lender, mortgage servicer, mortgage broker, registrant, mortgage loan originator, or licensee in violation of division (A) or (B) of section 1322.07 of the Revised Code, and may seek and obtain civil penalties for unregistered or unlicensed conduct of not more than five thousand dollars per violation. (C) In conducting any investigation pursuant to this section, the superintendent may compel, by subpoena, witnesses to testify in relation to any matter over which the superintendent has jurisdiction and may require the production of any book, record, or other document pertaining to that matter. If a person fails to file any statement or report, obey any subpoena, give testimony, produce any book, record, or other document as required by a subpoena, or permit photocopying of any book, record, or other document subpoenaed, the court of common pleas of any county in this state, upon application made to it by the superintendent, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify therein. (D) If the superintendent determines that a person is engaged in or is believed to be engaged in activities that may constitute a violation of this chapter or any rule adopted thereunder, the superintendent, after notice and a hearing conducted in accordance with Chapter 119. of the Revised Code, may issue a cease and desist order. If the administrative action is to enjoin a person from acting as a mortgage lender, mortgage servicer, mortgage broker, or mortgage loan originator in violation of division (A) or (B) of section 1322.07 of the Revised Code, the superintendent may seek and impose fines for that conduct in an amount not to exceed five thousand dollars per violation. Such an order shall be enforceable in the court of common pleas. (E) If the superintendent revokes a certificate of registration, letter of exemption, or mortgage loan originator license, the revocation shall be permanent and with prejudice. (F)(1) To protect the public interest, the superintendent may, without a prior hearing, do any of the following: (a) Suspend the certificate of registration, letter of exemption, or mortgage loan originator license of a registrant or licensee who is convicted of or pleads guilty or nolo contendere to a criminal violation of any provision of this chapter or any criminal offense described in division (A)(1)(b) or (c) of this section; (b) Suspend the certificate of registration of a registrant who violates division (F) of section 1322.32 of the Revised Code; (c) Suspend the certificate of registration or mortgage loan originator license of a registrant or licensee who fails to comply with a request made by the superintendent under section 1322.09 or 1322.20 of the Revised Code to inspect qualifying education transcripts located at the registrant's or licensee's place of business. (2) The superintendent may, in accordance with Chapter 119. of the Revised Code, subsequently revoke any registration or license suspended under division (F)(1) of this section. (G) The imposition of fines under this section does not preclude any penalty imposed under section 1322.99 of the Revised Code. Last updated June 15, 2021 at 5:37 PM
Ohio Rev. Code § 1341.14 — Ohio Revised Code / Title 13 / Chapter 1341 / § 1341.14
§ 1341.14. Proceedings by board of education
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Upon notice being given as provided in section 1341.13 of the Revised Code, the board of education shall hear the application, and, if in its opinion there is good reason therefor, require the treasurer to give a new bond, conditioned according to law, and to the satisfaction of the board, within such time as it directs. If the treasurer fails to execute such bond, the office shall be vacant and shall immediately be filled as are other vacancies.
Ohio Rev. Code § 1309.315 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.315
§ 1309.315. Secured party's rights on disposition of collateral and in proceeds - UCC 9-315
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in this chapter and in division (B) of section 1302.44 of the Revised Code: (1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and (2) A security interest attaches to any identifiable proceeds of collateral. (B) Proceeds that are commingled with other property are identifiable proceeds: (1) If the proceeds are goods, to the extent provided by section 1309.336 of the Revised Code; and (2) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved. (C) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected. (D) A perfected security interest in proceeds becomes unperfected on the twenty-first day after the security interest attaches to the proceeds unless: (1) The following conditions are satisfied: (a) A filed financing statement covers the original collateral; (b) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and (c) The proceeds are not acquired with cash proceeds. (2) The proceeds are identifiable cash proceeds; or (3) The security interest in the proceeds is perfected other than under division (C) of this section when the security interest attaches or within twenty days thereafter. (E) If a filed financing statement covers the original collateral, a security interest in proceeds that remains perfected under division (D)(1) of this section becomes unperfected at the later of: (1) When the effectiveness of the filed financing statement lapses under section 1309.515 of the Revised Code or is terminated under section 1309.513 of the Revised Code; or (2) The twenty-first day after the security interest attaches to the proceeds.
Ohio Rev. Code § 1329.42 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.42
§ 1329.42. Verified statement may be filed in office of secretary of state - expiration, renewal of registration
Status: in_force

June 30, 2011 House Bill 153 - 129th General Assembly A person who uses in this state a name, mark, or device to indicate ownership of articles or supplies may file in the office of the secretary of state, on a form to be prescribed by the secretary of state, a verified statement setting forth, but not limited to, the following information: (A) The name and business address of the person filing the statement; and, if a corporation, the state of incorporation; (B) The nature of the business of the applicant; (C) The type of articles or supplies in connection with which the name, mark, or device is used. The statement shall include or be accompanied by a specimen evidencing actual use of the name, mark, or device, together with the filing fee specified in division (U)(1) of section 111.16 of the Revised Code. The registration of a name, mark, or device pursuant to this section is effective for a ten-year period beginning on the date of registration. If an application for renewal is filed within six months prior to the expiration of the ten-year period on a form prescribed by the secretary of state, the registration may be renewed at the end of each ten-year period for an additional ten-year period. The renewal fee specified in division (U)(2) of section 111.16 of the Revised Code shall accompany the application for renewal. The secretary of state shall notify a registrant within the six months next preceding the expiration of ten years from the date of registration of the necessity of renewal by ordinary or electronic mail to the last known physical or electronic mail address of the registrant.
Ohio Rev. Code § 1331.06 — Ohio Revised Code / Title 13 / Chapter 1331 / § 1331.06
§ 1331.06. Illegal contract
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A contract or agreement in violation of sections 1331.01 to 1331.14 , inclusive, of the Revised Code, is void.
Ohio Rev. Code § 1351.06 — Ohio Revised Code / Title 13 / Chapter 1351 / § 1351.06
§ 1351.06. Acquiring ownership when 50% of payments equals cash price
Status: in_force

June 29, 1988 House Bill 421 - 117th General Assembly (A) No lessor shall offer a lease-purchase agreement in which fifty per cent of all lease payments necessary to acquire ownership of the leased property exceed the cash price of the leased property. When fifty per cent of all lease payments made by a lessee equals the cash price of the property disclosed to the lessee pursuant to division (A)(11) of section 1351.02 of the Revised Code, the lessee shall acquire ownership of the leased property and the lease-purchase agreement shall terminate. (B) At any time after tendering an initial lease payment, a lessee may acquire ownership of the property that is the subject of the lease-purchase agreement by tendering an amount equal to the amount by which the cash price of the leased property exceeds fifty per cent of all lease payments made by the lessee.
Ohio Rev. Code § 1307.302 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.302
§ 1307.302. Through bills of lading and similar documents of title - UCC 7-302
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Through bills of lading and similar documents of title [UCC 7-302] (A) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or other document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties. (B) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer. (C) The issuer of a through bill of lading or other document of title described in division (A) of this section is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred: (1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and (2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach.
Ohio Rev. Code § 1309.106 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.106
§ 1309.106. Control of investment property - UCC 9-106
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 1308.24 of the Revised Code. (B) A secured party has control over a commodity contract if: (1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer. (C) A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
Ohio Rev. Code § 1311.02 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.02
§ 1311.02. Lien of subcontractor, laborer or materialman
Status: in_force

March 30, 2007 House Bill 487 - 126th General Assembly Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner's, part owner's, or lessee's authorized agent, and every person who as a subcontractor, laborer, or material supplier, performs any labor or work or furnishes any material to an original contractor or any subcontractor, in carrying forward, performing, or completing any improvement, has a lien to secure the payment therefor upon the improvement and all interests that the owner, part owner, or lessee may have or subsequently acquire in the land or leasehold to which the improvement was made or removed.
Ohio Rev. Code § 1355.07 — Ohio Revised Code / Title 13 / Chapter 1355 / § 1355.07
§ 1355.07. Exiting the sandbox
Status: in_force

March 14, 2023 Senate Bill 249 - 134th General Assembly (A) Not less than thirty days before the end of a sandbox participant's testing period, the sandbox participant shall do either of the following: (1) Notify the superintendent of financial institutions that the sandbox participant will exit the regulatory sandbox, wind down its test, and cease offering the novel financial product or service in the regulatory sandbox within sixty days of the end of the testing period; (2) Seek an extension pursuant to section 1355.08 of the Revised Code to pursue a license or other authorization required by law. (B) If the superintendent does not receive notification pursuant to division (A) of this section, the regulatory sandbox testing period ends at the expiration of the time period designated by the superintendent pursuant to division (C) of section 1355.05 of the Revised Code, and the sandbox participant shall immediately cease offering novel financial products or services. (C) If a test includes offering products or services that require ongoing duties, such as servicing a loan, the sandbox participant shall continue to fulfill those duties or arrange for another person to fulfill those duties after the date the sandbox participant exits the regulatory sandbox. Last updated January 17, 2023 at 5:46 PM
Ohio Rev. Code § 1321.63 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.63
§ 1321.63. Activities for which consumer installment loan license is required
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly (A)(1) No person shall do either of the following without first having obtained a license from the superintendent of financial institutions under sections 1321.62 to 1321.702 of the Revised Code: (a) Engage in the business of lending money under sections 1321.62 to 1321.702 of the Revised Code; (b) Contract for, or receive, directly or indirectly, on or in connection with any such loan, any interest and charges that in the aggregate are greater than the interest and charges that the lender would be permitted to charge for a loan of money if the lender were not a licensee. (2) Division (A)(1) of this section applies to any person, who by any device, subterfuge, or pretense, charges, contracts for, or receives greater interest, consideration, or charges than that authorized by this section for any such loan, or who for a fee or any manner of compensation arranges or offers to find or arrange for another person to make any such loan. (B) This section does not preclude the acquiring, directly or indirectly, by purchase or discount, of a bona fide obligation for goods or services when such obligation is payable directly to the person who provided the goods or services. (C) Any contract of a loan in the making or collection of which an act is done by the lender that violates this section is void and the lender has no right to collect, receive, or retain any principal, interest, or charges. Last updated November 5, 2021 at 4:01 PM
Ohio Rev. Code § 1310.68 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.68
§ 1310.68. Lessee's right to goods on lessor's insolvency - UCC 2A-522
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Subject to division (B) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract as provided in section 1310.24 of the Revised Code, on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract, may recover the goods identified from the lessor if the lessor becomes insolvent within ten days after receipt of the first installment of rent and security. (B) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
Ohio Rev. Code § 1310.74 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.74
§ 1310.74. Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section 1310.50 of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under division (B) of section 1310.73 of the Revised Code or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code or, if agreed, for other default of the lessee all of the following: (1) Accrued and unpaid rent as of the date of default, if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor; (2) The present value as of the date determined under division (A)(1) of this section of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term; (3) Any incidental damages allowed under section 1310.76 of the Revised Code, less expenses saved in consequence of the lessee's default. (B) If the measure of damages provided in division (A) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 1310.76 of the Revised Code, due allowance for costs reasonably incurred, and due credit for payments or proceeds of disposition.
Ohio Rev. Code § 1302.44 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.44
§ 1302.44. Power to transfer - good faith purchase of goods - entrusting defined - UCC 2-403
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) A purchaser of goods acquires all title which the transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase, the purchaser has such power even though: (1) The transferor was deceived as to the identity of the purchaser, or (2) The delivery was in exchange for a check which is later dishonored, or (3) It was agreed that the transaction was to be a "cash sale", or (4) The delivery was procured through fraud punishable as larcenous under the criminal law. (B) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business. (C) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law. (D) The rights of other purchasers of goods and of lien creditors are governed by the provisions of Chapter 1309. and sections 1307.102 to 1307.603 of the Revised Code.
Ohio Rev. Code § 1309.303 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.303
§ 1309.303. Law governing perfection and priority of security interests in goods covered by a certificate of title - UCC 9-303
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (B) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction. (C) The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.
Ohio Rev. Code § 1303.51 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.51
§ 1303.51. Refusal to pay cashier's checks, teller's checks and certified checks - UCC 3-411
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) As used in this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer. (B) If the obligated bank wrongfully refuses to pay a cashier's check or certified check, wrongfully stops payment of a teller's check, or wrongfully refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages. (C) Expenses or consequential damages otherwise recoverable under division (B) of this section are not recoverable if the refusal of the obligated bank to pay occurs because of any of the following: (1) The bank suspends payments. (2) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument. (3) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument. (4) Payment is prohibited by law.
Ohio Rev. Code § 1311.57 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.57
§ 1311.57. Priority and duration of lien
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) An agricultural producer or handler who perfects a lien within sixty days after the date of delivery, or first delivery if there was a series of deliveries under the contract, of the agricultural product has priority over all liens, claims, or encumbrances except wage and salary claims of workers who have no ownership interest in the business of the agricultural product handler, warehouse's liens as provided in section 1307.209 of the Revised Code, and amounts owed by the lienholder to the handler that are subject to setoff, and except that secured creditors who have security interests under Chapter 1309. of the Revised Code have priority over liens perfected by agricultural handlers pursuant to section 1311.56 of the Revised Code. If several liens are obtained by several persons on the same agricultural product, the person who perfects such a lien first has priority over all other agricultural product lienholders. A producer or handler who does not perfect such a lien within the time period defined in this division has the status of an unsecured general creditor. (B) The agricultural product lien remains in effect for two years after an affidavit is recorded in the office of the county recorder under section 1311.56 of the Revised Code, and within that time, until one of the following occurs: (1) The lienholder or the lienholder's secured creditor receives full payment from the agricultural product handler; (2) At the option of the lienholder or the lienholder's secured creditor, less than full payment is received pursuant to a written agreement with the handler; (3) A final judgment is entered by a court having jurisdiction in an action adjudicating the status of the agricultural product lien. (C) Notwithstanding division (B) of this section, an agricultural product lien shall remain in effect throughout any insolvency proceedings involving the agricultural product handler named in the affidavit. (D) After the amount of the lienholder's lien has been satisfied, a lienholder shall cause the lien to be released within thirty days.
Ohio Rev. Code § 1302.84 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.84
§ 1302.84. Seller's incidental damages - UCC 2-710
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
Ohio Rev. Code § 1310.49 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.49
§ 1310.49. Modification or impairment of rights and remedies - UCC 2A-503
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in sections 1310.01 to 1310.78 of the Revised Code and may limit or alter the measure of damages recoverable under those sections. (B) Resort to a remedy provided under sections 1310.01 to 1310.78 of the Revised Code or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose or if a provision for an exclusive remedy is unconscionable, remedy may be had as provided in sections 1310.01 to 1310.78 of the Revised Code. (C) Consequential damages may be liquidated under section 1310.50 of the Revised Code, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable, limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration, or exclusion of damages, if the loss is commercial, is not prima facie unconscionable. (D) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by sections 1310.01 to 1310.78 of the Revised Code.
Ohio Rev. Code § 1313.23 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.23
§ 1313.23. Sale of personal property
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Notice of the time and place of the sale of personal property assigned for the benefit of creditors, shall be given for at least ten days prior to the day of sale, by advertisement in some newspaper of general circulation in the county, or by posting written or printed notices thereof in at least fifteen public places in the county, not less than five of which must be posted in the township in which the sale is to be held.
Ohio Rev. Code § 1301.302 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.302
§ 1301.302. Variation by agreement - UCC 1-302
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Variation by agreement [UCC 1-302] (A) Except as otherwise provided in division (B) of this section or elsewhere in Chapter 1301., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code, the effect of provisions of Chapters 1301., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code may be varied by agreement. (B) The obligations of good faith, diligence, reasonableness, and care prescribed by Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement. (C) The presence in certain provisions of Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Ohio Rev. Code § 1345.63 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.63
§ 1345.63. Conspicuous and legible cover sheet with notice
Status: in_force

March 28, 1985 House Bill 385 - 115th General Assembly (A) Every contract for invention development services shall have a conspicuous and legible cover sheet attached to it with the following notice to the customer imprinted on the cover sheet in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter: "The purchase of invention development services is a high risk expenditure. The performance of the services detailed in the contract provides no guarantee or promise of profits, or that your invention or idea will be purchased by a manufacturer. Only a very small percentage of inventions have a chance at receiving profits. An invention developer can assist you in your efforts." (B) The cover sheet notice shall contain the name, home office address, and local office address of the invention developer. (C) The cover sheet notice shall contain the items required by divisions (A) and (B) of this section and shall not contain anything except those items.
Ohio Rev. Code § 1333.21 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.21
§ 1333.21. Revocation or suspension of cigarette license
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The department of taxation, through the tax commissioner, shall administer and enforce sections 1333.11 to 1333.20 , inclusive, of the Revised Code. The tax commissioner, pursuant to sections 119.01 to 119.13 , inclusive, of the Revised Code may adopt, amend, and repeal rules and regulations necessary to enforce and administer sections 1333.11 to 1333.20 , inclusive, of the Revised Code. Upon notice and hearing in accordance with sections 119.01 to 119.13 , inclusive, of the Revised Code, the tax commissioner may suspend or revoke any wholesale or retail cigarette license for the violation of, or the failure of the licensee to comply with, said sections. A certified copy of the order suspending or revoking said license shall be transmitted by the tax commissioner to the county auditor of the county in which the license was issued.
Ohio Rev. Code § 1333.05 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.05
§ 1333.05. Motion picture license agreement definitions
Status: in_force

October 23, 1978 House Bill 806 - 112th General Assembly As used in sections 1333.05 to 1333.07 of the Revised Code: (A) "Theater" means any establishment in which motion pictures are exhibited regularly to the public for a charge. (B) "Distributor" means any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors. (C) "Exhibitor" means any person engaged in the business of operating a theater in this state. (D) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge. (E) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture in this state. (F) "Bid" means a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and states the terms under which the exhibitor will agree to exhibit a motion picture in this state. (G) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. (H) "Trade screening" means the showing of a motion picture by a distributor in one of the five municipal corporations within this state having the largest population, which showing is open to any exhibitor interested in exhibiting the motion picture. (I) "Blind bidding" means bidding, negotiating, offering terms, accepting a bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement. (J) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" means the initial exhibition of a motion picture in a designated geographic area for a specified period of time. A "subsequent run" means any continuous exhibition of a motion picture in a designated geographic area for a specified period of time after the first run.
Ohio Rev. Code § 1310.30 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.30
§ 1310.30. Title to and possession of goods - UCC 2A-302
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, those sections apply whether the lessor or a third party has title to the goods and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any section of the Revised Code, statute of another jurisdiction, or rule of law that possession or the absence of possession is fraudulent.
Ohio Rev. Code § 1329.62 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.62
§ 1329.62. Cancellation of registration
Status: in_force

September 1, 1998 House Bill 464 - 122nd General Assembly The secretary of state shall cancel from the register the following types of registrations: (A) Any registration the secretary of state receives a voluntary request in writing, on a form prescribed by the secretary of state, for cancellation of the registration from the registrant or the assignee of record; (B) Any registration that is granted under sections 1329.54 to 1329.67 of the Revised Code and that is not renewed in accordance with those sections; (C) Any registration concerning which a court of competent jurisdiction finds either of the following applies: (1) The registration was granted improperly. (2) A trademark or service mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which the mark is or has been registered. (D) Any registration ordered canceled by a court of competent jurisdiction on any ground.
Ohio Rev. Code § 1307.203 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.203
§ 1307.203. Liability for nonreceipt or misdescription - UCC 7-203
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Liability for nonreceipt or misdescription [UCC 7-203] A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that: (A) The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as 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, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or (B) The party or purchaser otherwise has notice of the nonreceipt or misdescription.
Ohio Rev. Code § 1310.64 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.64
§ 1310.64. Cover - substitute goods - UCC 2A-518
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) After a default of the type described in division (A) of section 1310.54 of the Revised Code by a lessor under a lease contract, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor. (B) Except as otherwise provided in section 1310.50 of the Revised Code with respect to damages liquidated in the lease agreement or otherwise determined pursuant to agreement of the parties as provided in section 1301.302 and in section 1310.49 of the Revised Code, if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages both of the following: (1) The present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term that is comparable to the then remaining term of the original lease agreement minus the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement; (2) Any incidental or consequential damages, less expenses saved in consequence of the lessor's default. (C) If a lessee's cover is by a lease agreement that for any reason does not qualify for treatment under division (B) of this section or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and section 1310.65 of the Revised Code governs.
Ohio Rev. Code § 1303.42 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.42
§ 1303.42. Signature by representative - UCC 3-402
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument. (B) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person under division (A) of this section, all of the following rules apply: (1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument. (2) Subject to division (C) of this section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or if the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument. (C) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
Ohio Rev. Code § 1309.624 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.624
§ 1309.624. Waiver - UCC 9-624
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 1309.611 of the Revised Code only by an agreement to that effect entered into and authenticated after default. (B) A debtor may waive the right to require disposition of collateral under division (E) of section 1309.620 of the Revised Code only by an agreement to that effect entered into and authenticated after default. (C) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under section 1309.623 of the Revised Code only by an agreement to that effect entered into and authenticated after default.
Ohio Rev. Code § 1343.01 — Ohio Revised Code / Title 13 / Chapter 1343 / § 1343.01
§ 1343.01. Maximum rate of interest
Status: in_force

June 29, 1988 Senate Bill 130 - 117th General Assembly (A) The parties to a bond, bill, promissory note, or other instrument of writing for the forbearance or payment of money at any future time, may stipulate therein for the payment of interest upon the amount thereof at any rate not exceeding eight per cent per annum payable annually, except as authorized in division (B) of this section. (B) Any party may agree to pay a rate of interest in excess of the maximum rate provided in division (A) of this section when: (1) The original amount of the principal indebtedness stipulated in the bond, bill, promissory note, or other instrument of writing exceeds one hundred thousand dollars; (2) The payment is to a broker or dealer registered under the "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78A, as amended, for carrying a debit balance in an account for a customer if such debit balance is payable on demand and secured by stocks, bonds or other securities; (3) The instrument evidences a loan secured by a mortgage or deed of trust on real estate where the loan has been approved, insured, guaranteed, purchased, or for which an offer or commitment to insure, guarantee, or purchase has been received, in whole or in part, by the federal government or any agency or instrumentality thereof, the federal national mortgage association, the federal home loan mortgage corporation, or the farmers home administration, all of which is authorized pursuant to the "National Housing Act," 12. U.S.C. 1701; the "Serviceman's Readjustment Act," 38 U.S.C. 1801; the "Federal Home Loan Bank Act," 12 U.S.C. 1421; and the "Rural Housing Act," 42 U.S.C. 1471, amendments thereto, reenactments thereof, enactments parallel thereto, or in substitution therefor, or regulations issued thereunder; or by the state or any agency or instrumentality thereof authorized pursuant to Chapter 122. of the Revised Code, or rules issued thereunder. (4) The instrument evidences a loan secured by a mortgage, deed of trust, or land installment contract on real estate which does not otherwise qualify for exemption from the provisions of this section, except that such rate of interest shall not exceed eight per cent in excess of the discount rate on ninety-day commercial paper in effect at the federal reserve bank in the fourth federal reserve district at the time the mortgage, deed of trust, or land installment contract is executed. (5) The instrument is payable on demand or in one installment and is not secured by household furnishings or other goods used for personal, family, or household purposes. (6)(a) The loan is a business loan to a business association or partnership, a person owning and operating a business as a sole proprietor; any persons owning and operating a business as joint venturers, joint tenants, or tenants in common; any limited partnership; or any trustee owning or operating a business or whose beneficiaries own or operate a business, except that: (i) Any loan which is secured by an assignment of an individual obligor's salary, wages, commissions, or other compensation for services or by his household furniture or other goods used for his personal, family, or household purposes shall be deemed not a loan within the meaning of division (B)(6) of this section; (ii) Any loan which otherwise qualifies as a business loan within the meaning of division (B)(6) of this section shall not be deemed disqualified because of the inclusion, with other security consisting of business assets of any such obligor, of real estate occupied by an individual obligor solely as his residence. (b) As used in division (B)(6)(a) of this section, "business" means a commercial, agricultural, or industrial enterprise which is carried on for the purpose of investment or profit. "Business" does not mean the ownership or maintenance of real estate occupied by an individual obligor solely as his residence.
Ohio Rev. Code § 1303.11 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.11
§ 1303.11. Incomplete instrument - UCC 3-115
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers. (B) Subject to division (C) of this section, if an incomplete instrument is an instrument under section 1303.03 of the Revised Code, it may be enforced according to its terms if it is not completed or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under section 1303.03 of the Revised Code, but, after completion, the requirements of section 1303.03 of the Revised Code are met, the instrument may be enforced according to its terms as augmented by completion. (C) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under section 1303.50 of the Revised Code. (D) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.
Ohio Rev. Code § 1321.702 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.702
§ 1321.702. Rules relating to the Consumer Installment Loan Act
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, rules that are necessary for the enforcement of sections 1321.62 to 1321.702 of the Revised Code and that are consistent with those sections. Each rule shall contain a reference to the section, division, or paragraph of the Revised Code to which it applies. The superintendent shall send by regular mail to each licensee a copy of each rule that is adopted pursuant to this section. Last updated November 5, 2021 at 4:52 PM
Ohio Rev. Code § 1302.36 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.36
§ 1302.36. Form of bill of lading required in overseas shipment - overseas defined - UCC 2-323
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C.&F., received for shipment. (B) Where in a case within division (A) of this section, a tangible bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad, the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set: (1) due tender of a single part is acceptable within the provisions of section 1302.52 of the Revised Code on cure of improper delivery; and (2) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate. (C) A shipment by water or by air or a contract contemplating such shipment is "overseas" insofar as by usage of trade or agreement it is subject to the commercial, financing, or shipping practices characteristic of international deep water commerce.
Ohio Rev. Code § 1327.65 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.65
§ 1327.65. Hearing prior to filing criminal charges
Status: in_force

July 27, 1990 House Bill 571 - 118th General Assembly Prior to filing criminal charges under section 1327.99 of the Revised Code, the director of agriculture shall provide the person accused of the violation an opportunity for a hearing before the director to discuss the charges and offer evidence in mitigation of the charges.
Ohio Rev. Code § 1336.10 — Ohio Revised Code / Title 13 / Chapter 1336 / § 1336.10
§ 1336.10. Laws supplementing chapter
Status: in_force

September 28, 1990 House Bill 506 - 118th General Assembly Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter.
Ohio Rev. Code § 1303.48 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.48
§ 1303.48. Acceptance varying draft - UCC 3-410
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to cancel his acceptance. (B) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place. (C) If the holder assents to an acceptance varying the terms of the draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.
Ohio Rev. Code § 1303.34 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.34
§ 1303.34. Overdue instrument - UCC 3-304
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) An instrument payable on demand becomes overdue at the earliest of the following times: (1) On the day after the day during which demand for payment is duly made; (2) If the instrument is a check, ninety days after its date; (3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date that is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and the usage of the trade. (B) With respect to an instrument payable at a definite time, the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured. (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. (C) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
Ohio Rev. Code § 1310.72 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.72
§ 1310.72. Lessor's stoppage of delivery in transit or otherwise - UCC 2A-526
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security, or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods. (B) In pursuing its remedies under division (A) of this section, the lessor may stop delivery until one of the following occurs: (1) Receipt of the goods by the lessee; (2) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; (3) Such an acknowledgment to the lessee by a carrier via reshipment or as warehouse. (C)(1) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (2) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages. (3) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop that is received from a person other than the consignor.
Ohio Rev. Code § 1304.75 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.75
§ 1304.75. Payment by sender to receiving bank - UCC 4A-403
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) Payment of the sender's obligation under section 1304.74 of the Revised Code to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer system. (2) If the sender is a bank, and the sender credited an account of the receiving bank with the sender or caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact. (3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account. (B)(1) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. (2) The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. (3) The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff as provided in division (B)(2) of this section has been exercised. (C) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under section 1304.74 of the Revised Code will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other. (D) In a case not covered by division (A) of this section, the time when payment of the sender's obligation under division (B) or (C) of section 1304.74 of the Revised Code occurs is governed by applicable principles of law that determine when an obligation is satisfied.
Ohio Rev. Code § 1343.02 — Ohio Revised Code / Title 13 / Chapter 1343 / § 1343.02
§ 1343.02. Written stipulations for payment of interest
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with section 1343.01 of the Revised Code, interest shall be computed until payment is made at the rate specified in such instrument.
Ohio Rev. Code § 1308.14 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.14
§ 1308.14. Rights and duties of issuer with respect to registered owners - UCC 8-207
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly (A) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner. (B) This chapter does not affect the liability of the registered owner of a security for calls, assessments, or the like.
Ohio Rev. Code § 1311.12 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.12
§ 1311.12. When lien for furnishing materials arises
Status: in_force

March 30, 2007 House Bill 487 - 126th General Assembly (A) A mechanic's lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are: (1) Furnished with the intent, as evidenced by the contract of sale, the delivery order, delivery to the site by the claimant or at the claimant's direction, or by other evidence, that the materials be used in the course of the improvement with which the lien arises; (2) Incorporated in the improvement or consumed as normal wastage in the course of the improvement; (3) Specifically fabricated for incorporation in the improvements and not readily resalable in the ordinary course of the fabricator's business even if not actually incorporated in the improvement; (4) Used for the improvement or for the operation of machinery or equipment used in the course of the improvement and not remaining in the improvement, subject to diminution by the salvage value of those materials; or (5) Tools or machinery used on the particular improvement, subject to division (C) of this section. (B) The delivery of materials to the site of the improvement, whether or not by the claimant, creates a conclusive presumption that the materials were used in the course of the improvement or were incorporated into the improvement. (C) A mechanics' lien for furnishing tools or machinery which arises under division (A)(5) of this section is limited to either of the following: (1) If the tools or machinery are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable period of nonuse taken into account in the rental contract. (2) If the tools or machinery are purchased, the lien is for the price, but the lien only arises if the tools or machinery were purchased for use in the course of the particular improvement and have no substantial value to the purchaser after the completion of the improvement on which they were used. (D) All of the deliveries or the sales, or both, by a material supplier of materials, including tools and machinery to or for an improvement, as ordered or purchased by an owner, original contractor, or subcontractor, shall give rise to one mechanics' lien for the unpaid portion of the sales to that owner, original contractor, or subcontractor. Nothing in this division shall prohibit the filing of more than one lien if a material supplier sold materials to more than one owner, original contractor, or subcontractor for the same improvement.
Ohio Rev. Code § 1309.503 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.503
§ 1309.503. Name of debtor and secured party - UCC 9-503
Status: in_force

July 1, 2013 Senate Bill 208 - 129th General Assembly (A) A financing statement sufficiently provides the name of the debtor: (1) Except as otherwise provided in division (A)(3) of this section, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed with or issued or enacted by the registered organization's jurisdiction of organization which purports to state, amend, or restate the registered organization's name; (2) Subject to division (F) of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative; (3) If the collateral is held in a trust that is not a registered organization, only if the financing statement: (a) Provides, as the name of the debtor: (i) If the organic record of the trust specifies a name for the trust, the name specified; or (ii) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and (b) In a separate part of the financing statement: (i) If the name is provided in accordance with division (A)(3)(a)(i) of this section, indicates that the collateral is held in a trust; or (ii) If the name is provided in accordance with division (A)(3)(a)(ii) of this section, provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates. (4) Subject to division (G) of this section, if the debtor is an individual to whom this state has issued a driver's license or identification card that has not expired, only if the financing statement provides the name of the individual that is indicated on the driver's license or identification card; (5) If the debtor is an individual to whom division (A)(4) of this section does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and (6) In other cases: (a) If the debtor has a name, only if the financing statement provides the organizational name of the debtor; and (b) If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor. (B) A financing statement that provides the name of the debtor in accordance with division (A) of this section is not rendered ineffective by the absence of: (1) A trade name or other name of the debtor; or (2) Unless required under division (A)(6)(b) of this section, names of partners, members, associates, or other persons comprising the debtor. (C) A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor. (D) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement. (E) A financing statement may provide the name of more than one debtor and the name of more than one secured party. (F) The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under division (A)(2) of this section. (G) If this state has issued to an individual more than one driver's license or identification card of a kind described in division (A)(4) of this section, the one that was issued most recently is the one to which division (A)(4) of this section refers. (H) As used in this section, "name of the settlor or testator" means: (1) If the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization that purports to state, amend, or restate the settlor's name; or (2) In other cases, the name of the settlor or testator indicated in the trust's organic record.
Ohio Rev. Code § 1355.11 — Ohio Revised Code / Title 13 / Chapter 1355 / § 1355.11
§ 1355.11. Reporting requirements
Status: in_force

March 14, 2023 Senate Bill 249 - 134th General Assembly (A) The superintendent of financial institutions may establish periodic reporting requirements for sandbox participants. (B) The superintendent may seek records, documents, and data from sandbox participants. Upon the superintendent's request, a sandbox participant shall make such records, documents, and data available for inspection by the superintendent. (C) If the superintendent has reasonable cause to believe that a sandbox participant has engaged in, is engaging in, or is about to engage in any practice or transaction that is in violation of this chapter, that constitutes an unfair act or practice or an unconscionable act or practice under Chapter 1345. of the Revised Code, or that constitutes a violation of a state or federal criminal law, the superintendent may revoke the person's license to test one or more novel financial products or services or order the sandbox participant to immediately discontinue a novel financial product or service in the regulatory sandbox. If, following revocation of a license or discontinuance of a novel financial product or service in accordance with this division, the person has any ongoing duties with respect to a novel financial product or service, the superintendent shall, in the order, provide for the fulfillment of those duties. (D) The revocation of a license or discontinuance of a novel financial product or service described in division (C) of this section is not an appealable action for the purposes of section 119.12 of the Revised Code. (E) If a novel financial product or service is a type of loan that would otherwise be subject to Chapter 1321. of the Revised Code, the sandbox participant offering that product or service shall not charge interest and fees in connection with the loan that exceed the maximum otherwise permitted for that type of loan under Chapter 1321. of the Revised Code. (F) A sandbox participant is subject to sections 1345.01 to 1345.13 of the Revised Code unless exempted pursuant to division (B)(3) of section 1355.03 of the Revised Code. A new motor vehicle dealer licensed under Chapter 4517. of the Revised Code or any other third party who assists a consumer in financing a good or service with a novel financial product or service offered by a sandbox participant is not subject to sections 1345.01 to 1345.13 of the Revised Code with respect to such assistance. (G) The superintendent may enter into agreements with state, federal, or foreign regulators that allow sandbox participants to operate in other jurisdictions and allow entities authorized to operate in other jurisdictions to be recognized as sandbox participants in this state. (H) The superintendent may work with any other state or federal agency to implement the regulatory sandbox program, including innovateohio and the office of the attorney general. (I) The superintendent shall publish and make publicly available a report every two years on the performance of sandbox participants and their novel financial products and services. The report shall include an assessment of how the ability of sandbox participants to operate without being subject to regulations to which the sandbox participants otherwise would have been subject affected the development and performance of the novel financial products and services. The report shall not disclose any proprietary information nor any information the disclosure of which is prohibited under section 1355.10 of the Revised Code. Last updated January 17, 2023 at 5:47 PM Disclaimer Contact About
Ohio Rev. Code § 1333.71 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.71
§ 1333.71. Sale of containers with milk or baked goods company logo
Status: in_force

September 11, 2008 Senate Bill 171 - 127th General Assembly No person shall sell or purchase a plastic crate or tray that is used for the carrying of retail containers of milk or baked goods and that has embossed upon it a company logo.
Ohio Rev. Code § 1302.16 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.16
§ 1302.16. Allocation or division of risks - UCC 2-303
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Where the provisions of sections 1302.01 to 1302.98 , inclusive, of the Revised Code allocate a risk or a burden as between the parties "unless otherwise agreed" the agreement may not only shift the allocation but may also divide the risk or burden.
Ohio Rev. Code § 1315.01 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.01
§ 1315.01. Transmitters of money definitions
Status: in_force

April 6, 2007 House Bill 454 - 126th General Assembly Except when the context otherwise requires, as used in sections 1315.01 to 1315.18 of the Revised Code: (A) "Authorized delegate" means a person designated by a licensee under section 1315.11 of the Revised Code to receive, directly or indirectly, money or its equivalent for transmission by the licensee. (B) "Control" means the power, directly or indirectly, to direct the management and policies of a licensee or the ownership, control of, or power to vote twenty-five per cent or more of any class of the outstanding voting securities of a controlling person. For purposes of determining the percentage of a licensee controlled by any person, the person's interest shall be aggregated with the interest of any other person controlled by the person or by any spouse, parent, or child of the person. (C) "Controlling person" means any person that controls a licensee. (D) "Executive officer" means the licensee's president, treasurer, secretary, each senior officer responsible for the licensee's business, and any other person that performs similar functions. (E) "Licensee" means a person licensed under sections 1315.01 to 1315.18 of the Revised Code to receive, directly or indirectly, for transmission, money or its equivalent from persons located in this state. (F) "Outstandings" means the total of all moneys received for transmission that are not yet delivered, paid, or accessed. (G) "Transmit money" means to receive, directly or indirectly and by any means, money or its equivalent from a person and to deliver, pay, or make accessible, by any means, method, manner, or device, whether or not a payment instrument is used, the money received or its equivalent to the same or another person, at the same or another time, and at the same or another place, but does not include transactions in which the recipient of the money or its equivalent is the principal or authorized representative of the principal in a transaction for which the money or its equivalent is received, other than the transmission of money or its equivalent. "Transmit money" also includes the sale of checks and other payment instruments.
Ohio Rev. Code § 1311.92 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.92
§ 1311.92. Transfer of lien property - escrow account
Status: in_force

September 11, 1997 House Bill 158 - 122nd General Assembly (A) Except as provided in division (D) of this section, to enable a transfer of lien property to close when a broker's perfected lien may otherwise prevent the closing, a separate escrow account shall be established by the owner into which moneys from the proceeds of the closing shall be deposited in an amount sufficient to release the broker's lien. The moneys shall be held in escrow and shall only be released as ordered by a court of competent jurisdiction, or as directed by agreement of the broker and owner or by any process agreed to by the broker and owner. (B) An owner may not refuse to close a transfer of lien property because of the requirement to establish an escrow account under division (A) of this section. A prospective transferee of lien property shall not refuse to close the transfer of the lien property solely because the broker recorded a lien affidavit under this section, if all of the following have occurred: (1) The owner has established the escrow account required by division (A) of this section; (2) The prospective transferee has received from the escrow agent for the escrow account required by division (A) of this section a verified statement that the escrow account has been established. (C) When funds have been placed in escrow pursuant to division (A) of this section, the broker claiming a broker's lien under this section has an equitable lien on the escrowed funds, and the lien recorded on the lien property shall be extinguished as a matter of law. (D) The broker and owner are not required to follow the escrow procedures described in this section if either of the following applies: (1) An alternative procedure is available that would allow the transfer of lien property to close and that procedure is acceptable to the broker and prospective transferee. (2) The proceeds from the transfer of lien property would be insufficient to release all liens, including the broker's lien, that are claimed against the lien property.
Ohio Rev. Code § 1321.66 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.66
§ 1321.66. Consumer installment loan licensee recordkeeping; examination of records
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly ( A) Records a licensee is required to maintain shall be kept current and be available at a licensed location at all times during normal business hours for review by the superintendent. Records must be legible and maintained in a type size that is clearly readable without magnification and in conformity with any specific typeface or font size that may be required by state or federal law. Except when otherwise provided by federal or state law, records shall be maintained in English. When records are allowed to be in a language other than English, the licensee, at its expense, shall be responsible for providing the superintendent with a full and accurate translation. For purposes of this section, "current" means within thirty days from the date of the occurrence of the event required to be recorded. A licensee shall keep and preserve the following records: (1) A sortable electronic spreadsheet that discloses the following fields of information: (a) Principal borrower's name; (b) Principal borrower's address or property address; (c) Loan or account number; (d) Type of the security for the loan; (e) Date of loan; (f) Amount financed; (g) Date finance charges begin to accrue; (h) Loan origination charge; (i) Itemization of all additional fees or charges; (j) Principal amount of the loan; (k) Scheduled or precomputed interest; (l) Number of payments; (m) Contractual rate of interest; (n) Federal annual percentage rate; (o) Payment amount; (p) Types and amounts of credit-related insurance; (q) Default charge; (r) Check collection charge; (s) Any points charged to the borrower; (t) Any charges for prepayment of the loan. (2) Payment histories for each outstanding loan and each loan paid in full that shall disclose all of the following: (a) Principal borrower's name; (b) Loan or account number; ( c) A chronological entry of all debits, credits, payments, and charges received, assessed, or disbursed in connection with the loan, recorded thereon in an identifiable manner in order to show the actual date of receipt, assessment, or disbursement and the balance due on the loan or account. (3) A file for each principal borrower. If there are multiple loan transactions with the same borrower, each loan transaction in the file shall have a unique loan or account number. The file shall contain copies of all of the following: (a) All documents related to the loan transaction from origination through the final entry on the record; ( b) Copies of the complaints, court orders, settlements, and judgments relating to collection litigation; (c) In cases of garnishment or attachment in collection litigation, copies of all notices served on employers and amounts collected; ( d) Copies of all repossession and foreclosure legal documents and other records, including bills for all expenses; (e) In instances where the security foreclosed upon or repossessed is offered for private sale, not less than three bona fide written bids or appraisals in order to establish that the terms of the sale were commercially reasonable to the borrower; (f) A copy of the death certificate and documentation of all funds received or paid pursuant to a credit life claim. (4) A sortable electronic spreadsheet of all loans in collection litigation that shall include all of the following: (a) Principal borrower's name; (b) Loan or account number; (c) Date litigation proceedings were initiated; (d) Name of the court in which proceedings were initiated; (e) Indication of whether a final judgment has been entered, and if so, all of the following: (i) Date of judgment; (ii) Amount of judgment; (iii) The judgment rate of interest. (5) A sortable electronic spreadsheet of all loans in repossession and foreclosure that shall include all of the following: (a) Principal borrower's name; (b) Loan or account number; (c) Type of security foreclosed, attached, replevied, repossessed, or surrendered; (d) Date of repossession or foreclosure; (e) Date of sale of the security; (f) Gross amount received from the sale of the security; (g) The amount of money applied to the outstanding loan balance; (h) Where the security is offered for private or public sale, evidence that the sale was consummated in compliance with the provisions of sections 1309.610 , 1309.611 , 1309.615 , 1309.617 , and 1309.624 of the Revised Code. (6) A sortable electronic spreadsheet of all loans upon w hich a credit life claim has been paid by the insurer that shall include all of the following: (a) Principal borrower's name; (b) Loan or account number; (c) Date of death; (d) Total amount paid by the insurance claim; (e) Amount applied to the principal borrower's account. (7) General business records including, but not limited to, financial statements, check registers, bank statements, contracts with third-party vendors relating to lending services, policy and procedures manual, and training materials. (8) All contracts or agreements relating to business relationships with businesses or individuals licensed by the division of financial institutions; (9) A file of all advertisements; (10) Histories of nonpublished indices used to establish interest rates for variable rate loans, which shall be maintained for two years from date of usage; (11) Any other records the superintendent may from time to time specify in writing. (B) Where electronic records are required, a licensee may retain paper records as well. Where electronic records are required, the superintendent may, for good cause, allow a licensee to retain paper records in lieu of the electronic records required by this section. (C)(1) A licensee shall keep and preserve records pertaining to loans made under sections 1321.62 to 1321.702 of the Revised Code for at least two years after the final entry on the record. The final entry on the record occurs when the loan is paid in full, charged off as uncollectible, sold, transferred or assigned to another, or discharged or otherwise settled by a final order issued in litigation governing the loan transaction. (2) Notwithstanding division (C)(1) of this section, a licensee shall keep and preserve records pertaining to residential mortgage loans in accordance with 12 C.F.R. 1026.25(b)(3) as in effect on November 30, 2016. (3) A licensee shall keep and preserve records pertaining to an advertisement for at least two years after the date the advertisement is published, broadcast, or disseminated. (D) A licensee shall segregate the records pertaining to business conducted pursuant to sections 1321.62 to 1321.702 of the Revised Code from all other business records. (E) A licensee shall notify the superintendent via the NMLSR of a change of location of its records pertaining to business conducted pursuant to sections 1321.62 to 1321.702 of the Revised Code not later than five business days after the change. (F) Where a licensee maintains electronic records in compliance with this section and those records are located outside of this state, the licensee shall make the electronic records available to the division of financial institutions upon request, within the time frame provided by the division. The electronic records may be uploaded to a secure server for the purpose of the division conducting an examination of the licensee. (G) In the event electronic records, books, records, data, a nd documents of a licensee are located outside of this state and the superintendent determines that an in-person examination is necessary, the licensee shall, upon the request of the superintendent, pay in advance the estimated costs of the examination of the licensee outside this state, including the proportionate cost of the salaries of division of financial institutions employees who conduct the examination. The estimated costs of an out-of-state examination, as determined by the superintendent, shall be deposited with the division of financial institutions upon demand. After the actual costs of the out-of-state examination have been determined, any funds in the deposit account in excess of costs as itemized by the division of financial institutions shall be returned to the licensee. (H) Any records maintained on an electronic storage media or system shall meet all of the following requirements: (1) The electronic storage media or system must preserve the records in a nonrewritable, nonerasable format. (2) The electronic storage media or system must verify automatically the quality and accuracy of the storage media recording process. (3) The electronic storage media or system must serialize the original and the duplicate units of storage media, and affix a date and time for the required period of retention on both the original and duplicate. (4) The electronic storage media or system must have the capacity to readily download indices and records preserved on the electronic storage media or system to any medium acceptable to the superintendent. ( 5) Acceptable facilities and appropriate equipment must, at all times during normal business hours, be available to the superintendent for immediate, easily readable projection or production of electronic storage media or system images and for producing easily readable images. (6) Immediate facsimile enlargement must be available upon the superintendent's request. (7) A duplicate copy of the electronic record stored on any electronic media or system for the time required must be stored separately from the "original" electronic record. (8) The electronic storage media or system must organize and index accurately all information maintained on both the original and duplicate storage media or system. (9) At all times, a licensee must be able to have indices of the electronic records being stored available for examination by the superintendent. (10) Each index must also be duplicated and the duplicate copies must be stored separately from the original copy of each index. (11) Original and duplicate indices must be preserved for the time required for the indexed records. (12) An audit system must be in place that does all of the following: (a) Provides for accountability regarding inputting of records and inputting any changes made to every original and duplicate record maintained and preserved; (b) Requires the licensee, at all times, to have the results of the audit system available for examination by the s uperintendent; (c) Preserves the results of the audit for the time required for the audited records. (13) All information necessary to access records and indices stored on the electronic storage media or system, a copy of the physical and logical file format of the electronic storage media or system, the field format of all different information types written on the electronic storage media or system, together with the appropriate documentation and information necessary to access records and indices must be maintained, kept current, and provided promptly to the superintendent upon request. (14) No paper documents produced or reproduced by means of an electronic storage media or system may be destroyed until the conditions of division (H) of this section have been met with regard to each paper document that is to be destroyed. (15) At the request of the division: (a) Records must be printed on paper for inspection or examination without cost to the division within forty-eight hours of the request. The superintendent may grant additional time for good cause shown upon receipt of a request for additional time from the licensee. (b) The licensee shall provide any court documents in addition to those described in division (A)(3) of this section. (I) In order to reduce the risk of consumer fraud and related harms, including identity theft, licensees shall be required to comply with section 216 of the "Fair and Accurate Credit Transactions Act of 2003," 117 Stat. 1952 (amended 2010), 15 U.S.C. 1681w as in effect on November 30, 2016, section 501 of the "Gramm Leach Bliley Act," 113 Stat. 1338 (1999) (amended 2010), 15 U.S.C. 6801 as in effect on November 30, 2016, and the rules promulgated pursuant to those federal acts, including 16 C.F.R. Part 313 and 16 C.F.R. Part 682, as in effect November 30, 2016, pertaining to the maintenance, security, and disposal of consumer information and records. (J) The division shall make or cause to be made an examination of records pertaining to loans made under sections 1321.62 to 1321.702 of the Revised Code at least once every twenty-four months for the purpose of determining whether the licensee is complying with those sections and verifying the licensee's annual report. Last updated November 5, 2021 at 4:17 PM
Ohio Rev. Code § 1329.41 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.41
§ 1329.41. Filing trade names, marks and devices definitions
Status: in_force

October 1, 1954 Senate Bill 262 - 100th General Assembly As used in sections 1329.41 to 1329.53 , inclusive, of the Revised Code: (A) "Name, mark, or device" means any word, name, symbol, picture, design or device, or any combination thereof, produced upon, and used by a person to indicate ownership of articles and supplies referred to herein. (B) "Person" means any individual, firm, partnership, corporation, association or union of workingmen or other organization. (C) "Produced upon" means branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, embroidered, sewn or otherwise permanently placed upon any articles or supplies referred to herein. (D) "Articles or supplies" means any item which is designed and intended for re-use in the normal course of trade by the person filing hereunder and includes towels, coats, aprons, toilet devices and accessories therefor supplied for hire or compensation, and vessels, receptacles and utensils used as packages or containers in the sale and distribution of any natural or processed product, compound, mixture, or substance, or any combination thereof, and parts and accessories for such vessels, receptacles and utensils. (E) For purposes of sections 1329.41 to 1329.53 , inclusive, of the Revised Code, a name, mark or device is "used in this state" when it is produced upon the articles or supplies and they are placed in the channels of trade.
Ohio Rev. Code § 1337.56 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.56
§ 1337.56. Retirement plans
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly (A) As used in this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including any of the following plans or accounts: (1) An individual retirement account under section 408 of the Internal Revenue Code of 1986, 26 U.S.C. 408; (2) A Roth individual retirement account under section 408A of the Internal Revenue Code of 1986, 26 U.S.C. 408A; (3) A deemed individual retirement account under section 408(q) of the Internal Revenue Code of 1986, 26 U.S.C. 408(q); (4) An annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code of 1986, 26 U.S.C. 403(b); (5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code of 1986, 26 U.S.C. 401(a); (6) A plan under section 457(b) of the Internal Revenue Code of 1986, 26 U.S.C. 457(b); (7) A nonqualified deferred compensation plan under section 409A of the Internal Revenue Code of 1986, 26 U.S.C. 409A. (B) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to do all of the following: (1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan; (2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another; (3) Establish a retirement plan in the principal's name; (4) Make contributions to a retirement plan; (5) Exercise investment powers available under a retirement plan; (6) Borrow from, sell assets to, or purchase assets from a retirement plan.
Ohio Rev. Code § 1310.10 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.10
§ 1310.10. Seals inoperative - UCC 2A-203
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument, and the law with respect to sealed instruments does not apply to a lease contract or offer to which a seal has been affixed.
Ohio Rev. Code § 1317.99 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.99
§ 1317.99. Penalty
Status: in_force

January 9, 1961 House Bill 1 - 104th General Assembly (A) Whoever willfully violates sections 1317.01 to 1317.11 , inclusive, of the Revised Code, shall be fined not more than one thousand dollars or imprisoned not more than one year, or both. Disclaimer Contact About
Ohio Rev. Code § 1304.08 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.08
§ 1304.08. Electronic presentment - UCC 4-110
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) "Agreement for electronic presentment" means an agreement, clearing house rule, or federal reserve regulation or operating circular providing that presentment of an item may be made by transmission of an image of an item or information describing the item rather than delivery of the item itself. The "agreement for electronic presentment" may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement. (B) Presentment of an item pursuant to an agreement for electronic presentment is made when the presentment notice is received. (C) If presentment is made by presentment notice, a reference to "item" or "check" in sections 1304.01 to 1304.40 of the Revised Code means the presentment notice unless the context otherwise indicates.
Ohio Rev. Code § 1309.617 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.617
§ 1309.617. Rights of transferee of collateral - UCC 9-617
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A secured party's disposition of collateral after default: (1) Transfers to a transferee for value all of the debtor's rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinate security interest or other subordinate lien other than the liens specified in division (D) of section 1309.109 of the Revised Code. (B) A transferee who acts in good faith takes free of the rights and interests described in division (A) of this section, even if the secured party fails to comply with this chapter or the requirements of any judicial proceeding. (C) If a transferee does not take free of the rights and interests described in division (A) of this section, the transferee takes the collateral subject to: (1) The debtor's rights in the collateral; (2) The security interest or agricultural lien under which the disposition is made; and (3) Any other security interest or other lien.
Ohio Rev. Code § 1321.48 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.48
§ 1321.48. Reports by superintendent; confidentiality of information
Status: in_force

September 1, 2008 House Bill 545 - 127th General Assembly (A) The superintendent of financial institutions shall report semiannually to the governor and the general assembly on the operations of the division of financial institutions with respect to the following: (1) Enforcement actions instituted by the superintendent for a violation of or failure to comply with any provision of sections 1321.35 to 1321.48 of the Revised Code, and the final dispositions of each such enforcement action; (2) Suspensions, revocations, or refusals to issue or renew licenses under sections 1321.35 to 1321.48 of the Revised Code. (B) The information required under divisions (A)(1) and (2) of this section does not include information that, pursuant to division (C) of this section, is confidential. (C) The following information is confidential: (1) Examination information, and any information leading to or arising from an examination; (2) Investigation information, and any information arising from or leading to an investigation. (D) The information described in division (A)(1) of this section shall remain confidential for all purposes except when it is necessary for the superintendent to take official action regarding the affairs of a licensee, or in connection with criminal or civil proceedings to be initiated by a prosecuting attorney or the attorney general. This information also may be introduced into evidence or disclosed when, and in the manner, authorized by section 1181.25 of the Revised Code. (E) All application information, except social security numbers, employer identification numbers, financial account numbers, the identity of the institution where financial accounts are maintained, personal financial information, fingerprint cards and the information contained on such cards, and criminal background information, is a public record as defined in section 149.43 of the Revised Code. (F) This section does not prevent the division from releasing information relating to licensees to the attorney general for purposes of that office's administration of Chapter 1345. of the Revised Code. Information the division releases to the attorney general pursuant to this section remains privileged and confidential, and the attorney general may not disclose the information except by introduction into evidence in connection with the attorney general's administration of Chapter 1345. of the Revised Code or as authorized by the superintendent. Last updated November 4, 2021 at 4:45 PM
Ohio Rev. Code § 1310.04 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.04
§ 1310.04. Limitation on power of parties to consumer lease to choose applicable law and judicial forum - UCC 2A-106
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or resides within thirty days after the lease agreement becomes enforceable or in which the goods are to be used, the choice of law is not enforceable. (B) If the judicial forum chosen by the parties to a consumer lease is a forum that otherwise would not have jurisdiction over the lessee, the choice of judicial forum is not enforceable.
Ohio Rev. Code § 1346.04 — Ohio Revised Code / Title 13 / Chapter 1346 / § 1346.04
§ 1346.04. Tobacco product manufacturers definitions
Status: in_force

October 17, 2019 House Bill 166 - 133rd General Assembly As used in this section and sections 1346.05 to 1346.10 of the Revised Code: (A) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s." "Brand family" includes cigarettes sold under any brand name (whether that name is used alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarettes. (B) "Cigarette," "Master Settlement Agreement," "qualified escrow fund," "tobacco product manufacturer," and "units sold" have the same meanings as in section 1346.01 of the Revised Code. (C) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. (D) "Participating manufacturer" means a participating manufacturer as that term is defined in section II(jj) of the Master Settlement Agreement and all amendments to that agreement. (E) "Stamping agent" means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under section 5743.03 of the Revised Code or a person who is required to pay the excise tax imposed on cigarettes and other tobacco products under sections 5743.03 and 5743.51 of the Revised Code, except for a vapor distributor licensed to engage solely in the distribution of vapor products under section 5743.61 of the Revised Code.
Ohio Rev. Code § 1306.19 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.19
§ 1306.19. Exemption for consumer transactions
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly Sections 1306.17 and 1306.18 of the Revised Code do not apply to transactions to which a consumer is a party.
Ohio Rev. Code § 1309.301 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.301
§ 1309.301. Law governing perfection and priority of security interests - UCC 9-301
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Except as otherwise provided in sections 1309.303 to 1309.306 of the Revised Code, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (A) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral. (B) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral. (C) Except as otherwise provided in division (D) of this section, while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs: (1) Perfection of a security interest in the goods by filing a fixture filing; (2) Perfection of a security interest in timber to be cut; and (3) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral. (D) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
Ohio Rev. Code § 1336.11 — Ohio Revised Code / Title 13 / Chapter 1336 / § 1336.11
§ 1336.11. Citing chapter
Status: in_force

September 28, 1990 House Bill 506 - 118th General Assembly This chapter may be cited as the Ohio uniform fraudulent transfer act. Disclaimer Contact About
Ohio Rev. Code § 1309.526 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.526
§ 1309.526. Filing-office rules - UCC 9-526
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) The secretary of state shall adopt rules to implement this chapter. The filing-office rules shall be: (1) Consistent with this chapter; and (2) Adopted in accordance with Chapter 119. of the Revised Code. (B) To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially sections 1309.501 to 1309.527 of the Revised Code, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially those sections, the secretary of state, so far as is consistent with the purposes, policies, and provisions of this chapter, shall do all of the following in adopting, amending, and repealing filing-office rules: (1) Consult with filing offices in other jurisdictions that enact substantially sections 1309.501 to 1309.527 of the Revised Code; (2) Consult the most recent version of the model rules promulgated by the international association of corporate administrators or any successor organization; and (3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially sections 1309.501 to 1309.527 of the Revised Code.
Ohio Rev. Code § 1335.02 — Ohio Revised Code / Title 13 / Chapter 1335 / § 1335.02
§ 1335.02. Actions on loan agreements
Status: in_force

March 23, 2018 House Bill 199 - 132nd General Assembly (A) As used in this section: (1) "Debtor" means a person that obtains credit or seeks a loan agreement with a financial institution or owes money to a financial institution. (2) "Financial institution" means a ny of the following: (a) A federally or state-chartered bank, savings bank, savings and loan association, or credit union, or a holding company, subsidiary, or affiliate of a bank, savings bank, or savings and loan association; (b) A licensee under sections 1321.01 to 1321.19 of the Revised Code, or a registrant under sections 1321.51 to 1321.60 of the Revised Code, or a parent company, subsidiary, or affiliate of a licensee or registrant ; (c) A person registered as a mortgage lender under Chapter 1322. of the Revised Code or a parent company, subsidiary, or affiliate of such a person. (3) "Loan agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, mortgages, or other documents or commitments, or any combination of these documents or commitments, pursuant to which a financial institution loans or delays, or agrees to loan or delay, repayment of money, goods, or anything of value, or otherwise extends credit or makes a financial accommodation. "Loan agreement" does not include a promise, promissory note, agreement, undertaking, or other document or commitment relating to a credit card, a charge card, a revolving budget agreement subject to section 1317.11 of the Revised Code, an open-end loan agreement subject to section 1321.16 or 1321.58 of the Revised Code, or an open-end credit agreement subject to section 1109.18 of the Revised Code. (B) No party to a loan agreement may bring an action on a loan agreement unless the agreement is in writing and is signed by the party against whom the action is brought or by the authorized representative of the party against whom the action is brought. However, a loan agreement need not be signed by an officer or other authorized representative of a financial institution, if the loan agreement is in the form of a promissory note or other document or commitment that describes the credit or loan and the loan agreement, by its terms, satisfies all of the following conditions: (1) The loan agreement is intended by the parties to be signed by the debtor but not by an officer or other authorized representative of the financial institution. (2) The loan agreement has been signed by the debtor. (3) The delivery of the loan agreement has been accepted by the financial institution. (C) The terms of a loan agreement subject to this section, including the rights and obligations of the parties to the loan agreement, shall be determined solely from the written loan agreement, and shall not be varied by any oral agreements that are made or discussions that occur before or contemporaneously with the execution of the loan agreement. Any prior oral agreements between the parties are superseded by the loan agreement. (D) This section does not apply to any loan agreement in which the proceeds of the loan agreement are used by the debtor primarily for personal, household, or family purposes and either of the following applies: (1) The proceeds of the loan agreement are less than forty thousand dollars; (2) A security interest securing the loan agreement is or will be acquired in the primary residence of the debtor.
Ohio Rev. Code § 1322.21 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.21
§ 1322.21. Conditions for issuing mortgage loan originator license; renewal
Status: in_force

December 29, 2023 Senate Bill 131 - 134th General Assembly (A) Upon the conclusion of the investigation required under division (C) of section 1322.20 of the Revised Code, the superintendent of financial institutions shall issue a mortgage loan originator license to the applicant if the superintendent finds that the following conditions are met: (1) The application is accompanied by the application fee and any fee required by the nationwide mortgage licensing system and registry. (a) If a check or other draft instrument is returned to the superintendent for insufficient funds, the superintendent shall notify the applicant by certified mail, return receipt requested, that the application will be withdrawn unless the applicant, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the superintendent. If the applicant does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the application shall be withdrawn. (b) If a check or other draft instrument is returned to the superintendent for insufficient funds after the license has been issued, the superintendent shall notify the licensee by certified mail, return receipt requested, that the license issued in reliance on the check or other draft instrument will be canceled unless the licensee, within thirty days after receipt of the notice, submits the application fee and a one-hundred-dollar penalty to the superintendent. If the licensee does not submit the application fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the license shall be canceled immediately without a hearing, and the licensee shall cease activity as a loan originator. (2) The applicant has not made a material misstatement of fact or material omission of fact in the application. (3) The applicant has not been convicted of or pleaded guilty or nolo contendere to a disqualifying offense as determined in accordance with section 9.79 of the Revised Code. (4) The applicant completed the prelicensing instruction set forth in division (B) of section 1322.20 of the Revised Code. (5) The applicant's financial responsibility and general fitness 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 this chapter. The superintendent shall not use a credit score or bankruptcy as the sole basis for a license denial. (6) The applicant is in compliance with the surety bond requirements of section 1322.32 of the Revised Code. (7) The applicant has not had a mortgage loan originator license, or comparable authority, revoked in any governmental jurisdiction. (B) The license issued under division (A) of this section may be renewed annually on or before the thirty-first day of December if the superintendent finds that all of the following conditions are met: (1) The renewal application is accompanied by a nonrefundable renewal fee of two hundred dollars and any fee required by the nationwide mortgage licensing system and registry. If a check or other draft instrument is returned to the superintendent for insufficient funds, the superintendent shall notify the licensee by certified mail, return receipt requested, that the license renewed in reliance on the check or other draft instrument will be canceled unless the licensee, within thirty days after receipt of the notice, submits the renewal fee and a one-hundred-dollar penalty to the superintendent. If the licensee does not submit the renewal fee and penalty within that time period, or if any check or other draft instrument used to pay the fee or penalty is returned to the superintendent for insufficient funds, the license shall be canceled immediately without a hearing, and the licensee shall cease activity as a loan originator. (2) The applicant has completed at least eight hours of continuing education as required under section 1322.28 of the Revised Code. (3) The applicant meets the conditions set forth in divisions (A)(2), (4), (5), (6), and (7) of this section. (4) The applicant has not been convicted of or pleaded guilty or nolo contendere to any of the following in a domestic, foreign, or military court: (a) During the seven-year period immediately preceding the date of the renewal application but excluding any time before the license was issued, a misdemeanor involving theft or any felony; (b) At any time between the date of the original license and the date of the renewal application, a felony involving an act of fraud, dishonesty, a breach of trust, theft, or money laundering. (5) The applicant's license is not subject to an order of suspension or an unpaid and past due fine imposed by the superintendent. (C)(1) Subject to division (C)(2) of this section, if a license renewal application fee, including any fee required by the nationwide mortgage licensing system and registry, is received by the superintendent after the thirty-first day of December, the license shall not be considered renewed, and the applicant shall cease activity as a mortgage loan originator. (2) Division (C)(1) of this section shall not apply if the applicant, not later than forty-five days after the renewal deadline, submits the renewal application and any other required fees and a one-hundred-fifty-dollar penalty to the superintendent. (D) Mortgage originator licenses annually expire on the thirty-first day of December. (E) The pardon or expungement of a conviction shall not be considered a conviction for purposes of this section. When determining the eligibility of an applicant, the superintendent may consider the underlying crime, facts, or circumstances connected with a pardoned or expunged conviction. (F) Notwithstanding any provision of this chapter to the contrary, the superintendent shall issue a mortgage loan originator license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies: (1) The applicant holds a license in another state. (2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a mortgage loan originator in a state that does not issue that license. Last updated December 29, 2023 at 7:24 AM
Ohio Rev. Code § 1333.20 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.20
§ 1333.20. Action to enjoin violation - damages
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Any person injured by any violation of sections 1333.11 to 1333.21 , inclusive, of the Revised Code, or any trade association which is representative of such injured person, may maintain an action to prevent, restrain, or enjoin such violation. If in such action a violation is established, the court shall enjoin and restrain or otherwise prohibit such violation and in addition shall assess in favor of the plaintiff and against the defendant the costs of the suit. In such action it is not necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved the plaintiff in such action, in addition to such injunctive relief and costs of suit, may recover from the defendant the amount of actual damages sustained by the plaintiff. In the event no injunctive relief is sought or required, any person injured by a violation of such sections may maintain an action for damages alone and the measure of damages in such action shall be the same as prescribed in this section.
Ohio Rev. Code § 1311.46 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.46
§ 1311.46. Adjusting disputed claims
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When a lien claim under section 1311.45 of the Revised Code cannot be adjusted between the parties interested, it may be submitted to the arbitration of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen. Their decision, or that of any two of them, in the absence of fraud or collusion, is final and conclusive on the parties. If any claim is disputed and is not settled or submitted to arbitration, the claimant, in such case, shall commence an action on his claim before the proper tribunal, within forty days after notice that it has been disputed, and prosecute it to final judgment without delay. The amount thus ascertained or adjudicated shall then be paid by the railroad owner. After notice given as provided in section 1311.45 of the Revised Code, if no objection is filed against such claim within ten days after the expiration of the term for service of notice, then the contractor or subcontractor has waived all objections to such claim, and, as against such contractor or subcontractor, it is correct.
Ohio Rev. Code § 1309.516 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.516
§ 1309.516. What constitutes filing - effectiveness of filing - UCC 9-516
Status: in_force

July 1, 2013 Senate Bill 208 - 129th General Assembly (A) Except as provided in division (B) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing. (B) Filing does not occur with respect to a record that a filing office refuses to accept because: (1) The record is not communicated by a method or medium of communication authorized by the filing office; (2) An amount equal to or greater than the applicable filing fee is not tendered; (3) The filing office is unable to index the record because: (a) In the case of an initial financing statement, the record does not provide a name for the debtor; (b) In the case of an amendment or information statement, the record: (i) Does not identify the initial financing statement as required by section 1309.512 or 1309.518 of the Revised Code, as applicable; or (ii) Identifies an initial financing statement whose effectiveness has lapsed under section 1309.515 of the Revised Code. (c) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not provided previously in the financing statement to which the record relates, the record does not identify the debtor's surname; or (d) In the case of a record filed in the filing office described in division (A)(1) of section 1309.501 of the Revised Code, the record does not provide a sufficient description of the real property to which it relates. (4) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record; (5) In the case of an initial financing statement or an amendment that provides a name of a debtor that was not provided previously in the financing statement to which the amendment relates, the record does not: (a) Provide a mailing address for the debtor; or (b) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization. (6) In the case of an assignment reflected in an initial financing statement under division (A) of section 1309.514 of the Revised Code or an amendment filed under division (B) of section 1309.514 of the Revised Code, the record does not provide a name and mailing address for the assignee. (7) In the case of a continuation statement, the record is not filed within the six-month period prescribed by division (D) of section 1309.515 of the Revised Code; or (8) The secretary of state refuses to accept the record for filing or recording in compliance with division (A) of section 111.24 of the Revised Code. (C) For purposes of division (B) of this section: (1) A record does not provide information if the filing office is unable to read or decipher the information; and (2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 1309.512 , 1309.514 , or 1309.518 of the Revised Code, is an initial financing statement. (D) A record that is communicated to the filing office with tender of the filing fee, but that the filing office refuses to accept for a reason other than one specified in division (B) of this section, is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.
Ohio Rev. Code § 1319.16 — Ohio Revised Code / Title 13 / Chapter 1319 / § 1319.16
§ 1319.16. Check collection charges
Status: in_force

August 28, 2002 House Bill 464 - 124th General Assembly (A) If a collection agency has been designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason, the collection agency may charge and receive check collection charges of not more than thirty dollars or ten per cent of the face amount of the instrument, whichever is greater, and may charge and receive any charge imposed by a financial institution upon the holder of the check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason. (B) A collection agency that imposes a check collection charge pursuant to division (A) of this section shall send written notice by regular mail to the debtor at the debtor's last known address or at the address shown on the check or other instrument. The notice shall provide the amount of the check collection charge that has been imposed, and shall state that the debtor is responsible for paying the check collection charge as well as the value of the check or other instrument.
Ohio Rev. Code § 1303.02 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.02
§ 1303.02. Subject matter - UCC 3-102
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) This chapter applies to negotiable instruments. It does not apply to money, to payment orders governed by sections 1304.51 to 1304.85 of the Revised Code, or to securities governed by Chapter 1308. of the Revised Code. (B) If there is a conflict between this chapter and either sections 1304.01 to 1304.40 or Chapter 1309. of the Revised Code, the provisions of sections 1304.01 to 1304.40 or Chapter 1309. of the Revised Code govern. (C) If any provision of this chapter is inconsistent with any regulation of the board of governors of the federal reserve system or any operating circular of the federal reserve banks, the regulation or the operating circular supersedes the provision of this chapter to the extent of the inconsistency.
Ohio Rev. Code § 1321.671 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.671
§ 1321.671. Repayment of consumer installment loan
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly (A) Upon repayment of the loan in full, the original note signed by any obligor or copy, photograph, or stored representation of the original note as retained in accordance with section 1321.66 of the Revised Code shall be plainly marked "paid" or "canceled" and the note or the reproduction of the note shall be returned to the obligor or, if there are two or more obligors, to one of them. (B) If requested, the licensee shall give to the borrower a receipt for each payment made on account of any interest- bearing or precomputed loan. Last updated November 5, 2021 at 5:38 PM
Ohio Rev. Code § 1304.34 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.34
§ 1304.34. Death or incompetence of customer - UCC 4-405
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it. (B) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
Ohio Rev. Code § 1329.52 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.52
§ 1329.52. Enforcement of rights and remedies under any other statute not affected
Status: in_force

October 1, 1954 Senate Bill 262 - 100th General Assembly Sections 1329.41 to 1329.53 , inclusive, of the Revised Code, shall not be construed as preventing the enforcement of rights and remedies under any other statute concerning articles or supplies upon which a name, mark, or device indicating ownership thereof has been produced, whether or not such name, mark, or device has been filed under sections 1329.41 to 1329.53 , inclusive, of the Revised Code.
Ohio Rev. Code § 1337.11 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.11
§ 1337.11. Durable power of attorney for health care definitions
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly As used in sections 1337.11 to 1337.17 of the Revised Code: (A) "Adult" means a person who is eighteen years of age or older. (B) "Attending physician" means the physician to whom a principal or the family of a principal has assigned primary responsibility for the treatment or care of the principal or, if the responsibility has not been assigned, the physician who has accepted that responsibility. (C) "Comfort care" means any of the following: (1) Nutrition when administered to diminish the pain or discomfort of a principal, but not to postpone death; (2) Hydration when administered to diminish the pain or discomfort of a principal, but not to postpone death; (3) Any other medical or nursing procedure, treatment, intervention, or other measure that is taken to diminish the pain or discomfort of a principal, but not to postpone death. (D) "Consulting physician" means a physician who, in conjunction with the attending physician of a principal, makes one or more determinations that are required to be made by the attending physician, or to be made by the attending physician and one other physician, by an applicable provision of sections 1337.11 to 1337.17 of the Revised Code, to a reasonable degree of medical certainty and in accordance with reasonable medical standards. (E) "Declaration for mental health treatment" has the same meaning as in section 2135.01 of the Revised Code. (F) "Guardian" means a person appointed by a probate court pursuant to Chapter 2111. of the Revised Code to have the care and management of the person of an incompetent. (G) "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition or physical or mental health. (H) "Health care decision" means informed consent, refusal to give informed consent, or withdrawal of informed consent to health care. (I) "Health care facility" means any of the following: (1) A hospital; (2) A hospice care program, pediatric respite care program, or other institution that specializes in comfort care of patients in a terminal condition or in a permanently unconscious state; (3) A nursing home; (4) A home health agency; (5) An intermediate care facility for individuals with intellectual disabilities; (6) A regulated community mental health organization. (J) "Health care personnel" means physicians, nurses, physician assistants, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities. (K) "Home health agency" has the same meaning as in section 3740.01 of the Revised Code. (L) "Hospice care program" and "pediatric respite care program" have the same meanings as in section 3712.01 of the Revised Code. (M) "Hospital" has the same meanings as in sections 3701.01 , 3727.01 , and 5122.01 of the Revised Code. (N) "Hydration" means fluids that are artificially or technologically administered. (O) "Incompetent" has the same meaning as in section 2111.01 of the Revised Code. (P) "Intermediate care facility for individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code. (Q) "Life-sustaining treatment" means any medical procedure, treatment, intervention, or other measure that, when administered to a principal, will serve principally to prolong the process of dying. (R) "Medical claim" has the same meaning as in section 2305.113 of the Revised Code. (S) "Mental health treatment" has the same meaning as in section 2135.01 of the Revised Code. (T) "Nursing home" has the same meaning as in section 3721.01 of the Revised Code. (U) "Nutrition" means sustenance that is artificially or technologically administered. (V) "Permanently unconscious state" means a state of permanent unconsciousness in a principal that, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by the principal's attending physician and one other physician who has examined the principal, is characterized by both of the following: (1) Irreversible unawareness of one's being and environment. (2) Total loss of cerebral cortical functioning, resulting in the principal having no capacity to experience pain or suffering. (W) "Person" has the same meaning as in section 1.59 of the Revised Code and additionally includes political subdivisions and governmental agencies, boards, commissions, departments, institutions, offices, and other instrumentalities. (X) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (Y) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code. (Z) "Professional disciplinary action" means action taken by the board or other entity that regulates the professional conduct of health care personnel, including the state medical board and the board of nursing. (AA) "Regulated community mental health organization" means a residential facility as defined and licensed under section 5119.34 of the Revised Code or a community mental health services provider as defined in section 5122.01 of the Revised Code. (BB) "Terminal condition" means an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by a principal's attending physician and one other physician who has examined the principal, both of the following apply: (1) There can be no recovery. (2) Death is likely to occur within a relatively short time if life-sustaining treatment is not administered. (CC) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons. Last updated July 15, 2021 at 1:33 PM
Ohio Rev. Code § 1333.52 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.52
§ 1333.52. Record piracy
Status: in_force

May 10, 1976 House Bill 159 - 111th General Assembly (A) No person shall purposely do either of the following: (1) Transcribe, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or use for profit through public performance any product derived from the transcription. Each transcription of sound in violation of division (A)(1) of this section is a separate offense. (2) Advertise, offer for sale, or sell, any product knowing it to have been produced in violation of division (A)(1) of this section. (B) No person shall purposely manufacture, sell, or distribute for profit any phonograph record, tape, or album of phonograph records or tapes unless the record and the outside cover, box, or jacket of the record, tape, or album clearly and conspicuously discloses the name and street address of the manufacturer of the record, tape, or album, and the name of the performer or group whose performance is recorded. Each manufacture, sale, or distribution of a different performance on a record, tape, or album in violation of this section is a separate offense. (C) This section does not apply to the following: (1) Transcription by a radio or television broadcaster of any sounds in connection with a radio, television, or cable broadcast transmission, or for archival purposes; (2) Any person who transcribes sounds for personal use.
Ohio Rev. Code § 1303.43 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.43
§ 1303.43. Unauthorized signature - UCC 3-403
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) Unless otherwise provided in this chapter or sections 1304.01 to 1304.40 of the Revised Code, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter. (B) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking. (C) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter.
Ohio Rev. Code § 1345.30 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.30
§ 1345.30. Fitting, sale, and returns of hearing aids
Status: in_force

March 23, 2015 House Bill 109 - 130th General Assembly (A) As used in this section and in section 1345.31 of the Revised Code: (1) "Consumer" means a person who engages in a consumer transaction with a hearing aid dealer, hearing aid fitter, physician, or audiologist. (2) "Consumer transaction" means a sale, lease, assignment, award by chance, or other transfer of a hearing aid. (3) "Hearing aid" has the same meaning as in section 4747.01 of the Revised Code, except that it does not include any instrument or device that fits into the ear and is intended to be used only while hunting or shooting. (B) The following individuals are permitted to recommend or fit a hearing aid: (1) A hearing aid dealer or hearing aid fitter licensed under Chapter 4747. of the Revised Code; (2) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery; (3) An audiologist licensed under Chapter 4753. of the Revised Code. (C) No person shall sell or distribute a hearing aid through the mail to the ultimate consumer unless the person has received a written acknowledgment from the ultimate consumer that the ultimate consumer was advised that an in-person examination by a licensed professional is recommended. Nothing in this section shall be construed to prohibit the distribution of a repaired hearing aid to its owner through the mail upon completion of the repairs. (D) A hearing aid dealer or hearing aid fitter licensed under Chapter 4747. of the Revised Code, a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, or an audiologist licensed under Chapter 4753. of the Revised Code who enters into a consumer transaction with a consumer shall provide a refund to the consumer if the hearing aid is returned to the dealer, fitter, physician, or audiologist not later than thirty days after its original delivery. The refund shall be provided regardless of the reason for the hearing aid's return and regardless of whether the hearing aid is new, refabricated, or used. The thirty-day period for return of the hearing aid does not include any period during which the dealer, fitter, physician, or audiologist has possession or control of the hearing aid after its original delivery to the consumer or a person acting on the consumer's behalf. A dealer, fitter, physician, or audiologist shall make original delivery of a hearing aid to a consumer or person acting on the consumer's behalf either by delivery in person or by certified mail, return receipt requested. The date of in-person delivery or the date shown on the certified mail return receipt is the hearing aid's original delivery for purposes of this division. Not later than fifteen days after presentation by the consumer to the dealer, fitter, physician, or audiologist of proof of payment of the agreed-upon consideration for the hearing aid and return of the hearing aid in the condition in which it was received, except for normal wear and tear, the dealer, fitter, physician, or audiologist shall give the consumer a full refund of the consideration paid for the hearing aid, less the amount specified by the dealer, fitter, physician, or audiologist in the receipt required by division (E) of this section to cover expenses incurred in connection with the hearing aid. If the hearing aid is returned in a damaged condition that is beyond normal wear and tear, the dealer, fitter, physician, or audiologist, not later than fifteen days after presentation of proof of payment and return of the hearing aid, shall give the consumer a full refund of the consideration paid for the hearing aid, less an amount equal to the cost of repairing the damage to the hearing aid and the amount the dealer, fitter, physician, or audiologist could withhold under this division had the hearing aid been returned in the condition that it was received, except for normal wear and tear. (E) When a hearing aid dealer, hearing aid fitter, physician, or audiologist enters into a consumer transaction with a consumer, the dealer, fitter, physician, or audiologist shall notify the consumer of the provisions of division (D) of this section and provide the consumer a receipt for the hearing aid that includes the following statement typed in boldface type of the minimum size of ten points: "RIGHT TO RETURN THE HEARING AID WITHIN 30 DAYS AND RECEIVE A REFUND Under Ohio law (O.R.C. 1345.30), a consumer has the right to return a hearing aid for any reason within 30 days after it is originally delivered to the consumer or a person acting on the consumer's behalf and to receive a refund of the consideration paid for the hearing aid less an amount specified by the hearing aid dealer, hearing aid fitter, physician, or audiologist to cover expenses incurred in connection with the hearing aid not later than 15 days after presenting proof of payment for the hearing aid and returning it in the condition in which it was received, except for normal wear and tear. In this case the amount deducted from the refund will be $________" A hearing aid dealer or fitter shall include the statement in the receipt required by section 4747.09 of the Revised Code.
Ohio Rev. Code § 1322.01 — Ohio Revised Code / Title 13 / Chapter 1322 / § 1322.01
§ 1322.01. RMLA definitions
Status: in_force

September 1, 2021 House Bill 133 - 134th General Assembly As used in this chapter: (A) "Administrative or clerical tasks" mean the receipt, collection, and distribution of information common for the processing or underwriting of a loan in the mortgage industry, and communication with a consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan, to the extent the communication does not include offering or negotiating loan rates or terms or counseling borrows about residential mortgage loan rates or terms. (B) "Advertising" means a commercial message in any medium that promotes, either directly or indirectly, a residential mortgage lending transaction. (C) "Application" has the same meaning as in 12 C.F.R. 1026.2(a)(3). (D) "Approved education course" means any course approved by the nationwide mortgage licensing system and registry. (E) "Approved test provider" means any test provider approved by the nationwide mortgage licensing system and registry. (F) "Bona fide nonprofit organization" means an organization that meets all of the following: (1) Has the status of a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; (2) Promotes affordable housing or provides homeownership education or similar services; (3) Conducts its activities in a manner that serves public or charitable purposes, rather than commercial purposes; (4) Receives funding and revenue and charges fees in a manner that does not incentivize it or its employees to act other than in the best interests of its clients; (5) Compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients; (6) Provides, or identifies for the borrower, residential mortgage loans with terms favorable to the borrower and comparable to mortgage loans and housing assistance provided under government housing assistance programs; (7) Has obtained a valid letter of exemption from the superintendent of financial institutions. (G) "Borrower" means a person seeking a residential mortgage loan or an obligor on a residential mortgage loan. (H) "Branch office" means a location at which a licensee conducts business other than a registrant's principal place of business, if at least one of the following applies to the location: (1) The address of the location appears on business cards, stationery, or advertising used by the registrant; (2) The registrant's name or advertising at the location suggests that mortgage transactions are made at the location; (3) The location is held out to the public as a licensee's place of business due to the actions of an employee or independent contractor of the registrant; or (4) The location within this state is controlled directly or indirectly by the registrant. (I) "Buyer" means an individual who is solicited to purchase or who purchases the services of a mortgage loan originator for purposes of obtaining a residential mortgage loan. "Buyer" includes an individual whose mortgage loan is serviced by a mortgage servicer. (J) "Consumer reporting agency" has the same meaning as in the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended. (K) "Control" means the power, directly or indirectly, to direct the management or policies of an entity, whether through ownership of securities, by contract, or otherwise. A person is presumed to control an entity if that person: (1) Is a director, general partner, or executive officer or is an individual that occupies a similar position or performs a similar function; (2) Directly or indirectly has the right to vote five per cent or more of a class of a voting security or has the power to sell or direct the sale of five per cent or more of a class of voting securities; (3) In the case of a limited liability company, is a managing member; or (4) In the case of a partnership, has the right to receive upon dissolution or has contributed five per cent or more of the capital. (L) "Depository institution" has the same meaning as in section 3 of the "Federal Deposit Insurance Act," 12 U.S.C. 1813(c), and also includes any credit union. (M) "Dwelling" has the same meaning as in 15 U.S.C. 1602(w). "Dwelling" includes a single condominium unit, cooperative unit, mobile home, and trailer, if it is used as a residence, whether or not that structure is attached to real property. (N) "Employee" means an individual for whom a mortgage broker, mortgage lender, or mortgage servicer, in addition to providing a wage or salary, pays social security and unemployment taxes, provides workers' compensation coverage, and withholds local, state, and federal income taxes. "Employee" also includes any individual who acts as a mortgage loan originator or operations manager of a registrant, but for whom the registrant is prevented by law from making income tax withholdings. (O) "Entity" means a business organization, including a sole proprietorship. (P) "Expungement" means a court-ordered process that involves the destruction of documentation related to past arrests and convictions. (Q) "Federal banking agency" means the board of governors of the federal reserve system, the comptroller of the currency, the national credit union administration, or the federal deposit insurance corporation. (R) "Immediate family" means an individual's spouse, child, stepchild, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, or sister-in-law. (S) "Independent contractor" means an individual who performs duties for another person and is not subject to that person's supervision or control. (T) "Individual" means a natural person. (U) "Licensee" means any individual who has been issued a mortgage loan originator license under this chapter. (V) "Loan commitment" means a statement transmitted in writing or electronically by a mortgage lender setting forth the terms and conditions upon which the mortgage lender is willing to make a particular residential mortgage loan to a particular borrower. (W) "Loan processor or underwriter" means an individual who, with respect to the origination of a residential mortgage loan, performs any of the following activities at the direction or subject to the supervision of a licensed mortgage loan originator or registered mortgage loan originator: (1) Receiving, collecting, distributing, or analyzing information common for the processing or underwriting of a residential mortgage loan; (2) Communicating with a borrower to obtain the information necessary for the processing or underwriting of a loan, to the extent the communication does not include offering or negotiating loan rates or terms or counseling borrowers about residential mortgage loan rates or terms. (X) "Mortgage" means the consensual interest in real property located in this state, including improvements to that property, securing a debt evidence by a mortgage, trust indenture, deed of trust, or other lien on real property. (Y) "Mortgage broker" means an entity that for compensation or gain, or in the expectation of compensation or gain, obtains, attempts to obtain, or assists in obtaining a residential mortgage loan for a borrower from a mortgage lender. For purposes of this division, "attempting to obtain or assisting in obtaining" a residential mortgage loan includes referring a borrower to a mortgage lender, soliciting or offering to solicit a mortgage loan on behalf of a borrower, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a mortgage lender on behalf of a borrower. (Z) "Mortgage lender" means an entity that for compensation or gain, or in the expectation of compensation or gain consummates a residential mortgage loan, advances funds, offers to advance funds, or commits to advancing funds for a borrower. (AA)(1) "Mortgage loan originator" means an individual who for compensation or gain, or in the expectation of compensation or gain, does any of the following: (a) Takes a residential mortgage loan application; (b) Assists or offers to assist a buyer in obtaining or applying to obtain a residential mortgage loan by, among other things, advising on loan terms, including rates, fees, and other costs; (c) Offers or negotiates terms of a residential mortgage loan; (d) Issues or offers to issue a commitment for a residential mortgage loan to a buyer. (2) "Mortgage loan originator" does not include any of the following: (a) An individual who performs purely administrative or clerical tasks on behalf of a mortgage loan originator; (b) A person licensed under Chapter 4735. of the Revised Code, or under the similar law of another state, who performs only real estate brokerage activities permitted by that license, provided the person is not compensated by a mortgage lender, mortgage broker, mortgage loan originator, or by any agent thereof; (c) A person solely involved in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. 101; (d) An employee of a mortgage lender or mortgage broker who acts solely as a loan processor or underwriter and who does not represent to the public, through advertising or other means of communicating, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the employee can or will perform any of the activities of a mortgage loan originator; (e) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a mortgage lender, a mortgage broker, or another mortgage loan originator, or by any agent thereof; (f) Any person engaged in the retail sale of manufactured homes, mobile homes, or industrialized units, including a manufactured home park operator, as defined in section 4781.01 of the Revised Code if, in connection with financing those retail sales, the person does not do any of the following: (i) Offer or negotiate the residential mortgage loan rates or terms; (ii) Fail to give a borrower written disclosure of any corporate affiliation the person has with any lender, or fail to refer a borrower to at least one unaffiliated lender if the person recommends a lender with which the person has a corporate affiliation; (iii) Receive any compensation or gain from any company or individual for assisting the borrower obtain or apply for financing to purchase the manufactured home, mobile home, or industrialized unit. (g) An individual employed by a bona fide nonprofit organization acting within the scope of employment with respect to residential mortgage loans with terms that are favorable to the borrower; (h) An employee of a loan processing or underwriting company that provides loan processing or underwriting services to one or more mortgage lenders or mortgage brokers under a contract between the loan processing or underwriting company and the mortgage lenders or mortgage brokers, provided the employee performs only clerical or support duties and performs those duties only at the direction of and subject to the supervision and instruction of a licensed mortgage loan originator employee of the same loan processing and underwriting company, and provided that the loan processing and underwriting company has obtained a letter of exemption provided for in a rule adopted by the superintendent of financial institutions. (BB) "Mortgage servicer" means a person that, for compensation or gain for itself or on behalf of the holder of a residential mortgage loan, holds the servicing rights for more than five residential mortgage loans, records mortgage payments on its books for more than five residential mortgage loans, or performs other functions to carry out the residential mortgage holder's obligations or rights under the mortgage agreement for more than five residential mortgage loans including, when applicable, the receipt of funds from the mortgagor to be held in escrow for payment of real estate taxes and insurance premiums and the distribution of such funds to the taxing authority and insurance company. (CC) "Nationwide mortgage licensing system and registry" means a licensing system developed and maintained by the conference of state bank supervisors and the American association of residential mortgage regulators, or their successor entities, for the licensing and registration of persons providing non-depository financial services. (DD) "Nontraditional mortgage product" means any mortgage product other than a thirty-year fixed rate mortgage. (EE) "Person" means an individual, sole proprietorship, corporation, company, limited liability company, partnership, limited liability partnership, trust, or association. (FF) "Real estate brokerage activity" means any activity that involves offering or providing real estate brokerage services to the public, including all of the following: (1) Acting as a real estate salesperson or real estate broker for a buyer, seller, lessor, or lessee of real property; (2) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; (3) Negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing for any such transaction; (4) Engaging in any activity for which a person engaged in that activity is required to be licensed as a real estate salesperson or real estate broker under the law of this state; (5) Offering to engage in any activity, or to act in any capacity, described in division (FF) of this section. (GG) "Registered mortgage loan originator" means an individual to whom both of the following apply: (1) The individual is a mortgage loan originator and an employee of a depository institution, a subsidiary that is owned and controlled by a depository institution and regulated by a federal banking agency, or an institution regulated by the farm credit administration. (2) The individual is registered with, and maintains a unique identifier through, the nationwide mortgage licensing system and registry. (HH) "Registrant" means any person that has been issued a certificate of registration under this chapter. (II) "Residential mortgage loan" means any loan that meets both of the following requirements: (1) It is primarily for personal, family, or household use and is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real estate. (2) It is provided and secured by a first lien holder secured creditor or by a subordinate lien holder secured creditor. (JJ) "Residential real estate" means any real property located in this state upon which is constructed a dwelling or upon which a dwelling is intended to be built within a two-year period, subject to 24 C.F.R. 3500.5(b)(4). For purposes of this division, a borrower's intent to build a dwelling within a two-year period is presumed unless the borrower has submitted a written, signed statement to the contrary. (KK) "Superintendent of financial institutions" includes the deputy superintendent for consumer finance as provided in section 1181.21 of the Revised Code. (LL) "Transaction of business as a mortgage lender, mortgage servicer, or mortgage broker in this state" means originating, brokering, or servicing five or more residential mortgage loans in any twelve-month period in any of the following circumstances: (1) For any resident in this state; (2) For any property in this state; (3) By a person who is physically located in this state even if the property in question is in another state. (MM) "Unique identifier" means a number or other identifier assigned by protocols established by the nationwide mortgage licensing system and registry. Last updated June 22, 2021 at 1:03 PM
Ohio Rev. Code § 1309.521 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.521
§ 1309.521. Uniform form of written financing statement and amendment - UCC 9-521
Status: in_force

September 29, 2013 House Bill 59 - 130th General Assembly (A) A filing office that accepts written records may not refuse to accept a written initial financing statement in the form and format set forth in the official text of the 2010 amendments to article 9 of the uniform commercial code promulgated by the American law institute and the national conference of commissioners on uniform state laws, except for a reason prescribed in division (B) of section 1309.516 of the Revised Code. (B) A filing office that accepts written records may not refuse to accept a written record in the form and format set forth as form UCC3 and form UCC3Ad in the final official text of the 2010 amendments to article 9 of the uniform commercial code promulgated by the American law institute and the national conference of commissioners on uniform state laws, except for a reason prescribed in division (B) of section 1309.516 of the Revised Code.
Ohio Rev. Code § 1337.12 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.12
§ 1337.12. Formality of execution
Status: in_force

March 20, 2014 House Bill 126 - 130th General Assembly (A)(1) An adult who is of sound mind voluntarily may create a valid durable power of attorney for health care by executing a durable power of attorney, in accordance with section 1337.24 of the Revised Code, that authorizes an attorney in fact as described in division (A)(2) of this section to make health care decisions for the principal at any time that the attending physician of the principal determines that the principal has lost the capacity to make informed health care decisions for the principal. The durable power of attorney for health care may authorize the attorney in fact, commencing immediately upon the execution of the instrument or at any subsequent time and regardless of whether the principal has lost the capacity to make informed health care decisions, to obtain information concerning the principal's health, including protected health information as defined in 45 C.F.R. 160.103. Except as otherwise provided in divisions (B) to (F) of section 1337.13 of the Revised Code, the authorization may include the right to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any health care that is being or could be provided to the principal. Additionally, to be valid, a durable power of attorney for health care shall satisfy both of the following: (a) It shall be signed at the end of the instrument by the principal and shall state the date of its execution. (b) It shall be witnessed in accordance with division (B) of this section or be acknowledged by the principal in accordance with division (C) of this section. (2) Except as otherwise provided in this division, a durable power of attorney for health care may designate any competent adult as the attorney in fact. The attending physician of the principal and an administrator of any nursing home in which the principal is receiving care shall not be designated as an attorney in fact in, or act as an attorney in fact pursuant to, a durable power of attorney for health care. An employee or agent of the attending physician of the principal and an employee or agent of any health care facility in which the principal is being treated shall not be designated as an attorney in fact in, or act as an attorney in fact pursuant to, a durable power of attorney for health care, except that these limitations do not preclude a principal from designating either type of employee or agent as the principal's attorney in fact if the individual is a competent adult and related to the principal by blood, marriage, or adoption, or if the individual is a competent adult and the principal and the individual are members of the same religious order. (3) A durable power of attorney for health care shall not expire, unless the principal specifies an expiration date in the instrument. However, when a durable power of attorney contains an expiration date, if the principal lacks the capacity to make informed health care decisions for the principal on the expiration date, the instrument shall continue in effect until the principal regains the capacity to make informed health care decisions for the principal. (B) If witnessed for purposes of division (A)(1)(b) of this section, a durable power of attorney for health care shall be witnessed by at least two individuals who are adults and who are not ineligible to be witnesses under this division. Any person who is related to the principal by blood, marriage, or adoption, any person who is designated as the attorney in fact or alternate attorney in fact in the instrument, the attending physician of the principal, and the administrator of any nursing home in which the principal is receiving care are ineligible to be witnesses. The witnessing of a durable power of attorney for health care shall involve the principal signing, or acknowledging the principal's signature, at the end of the instrument in the presence of each witness. Then, each witness shall subscribe the witness's signature after the signature of the principal and, by doing so, attest to the witness's belief that the principal appears to be of sound mind and not under or subject to duress, fraud, or undue influence. The signatures of the principal and the witnesses under this division are not required to appear on the same page of the instrument. (C) If acknowledged for purposes of division (A)(1)(b) of this section, a durable power of attorney for health care shall be acknowledged before a notary public, who shall make the certification described in section 147.53 of the Revised Code and also shall attest that the principal appears to be of sound mind and not under or subject to duress, fraud, or undue influence. (D)(1) If a principal has both a valid durable power of attorney for health care and a valid declaration, division (B) of section 2133.03 of the Revised Code applies. If a principal has both a valid durable power of attorney for health care and a DNR identification that is based upon a valid declaration and if the declaration supersedes the durable power of attorney for health care under division (B) of section 2133.03 of the Revised Code, the DNR identification supersedes the durable power of attorney for health care to the extent of any conflict between the two. A valid durable power of attorney for health care supersedes any DNR identification that is based upon a do-not-resuscitate order that a physician issued for the principal which is inconsistent with the durable power of attorney for health care or a valid decision by the attorney in fact under a durable power of attorney. (2) As used in division (D) of this section: (a) "Declaration" has the same meaning as in section 2133.01 of the Revised Code. (b) "Do-not-resuscitate order" and "DNR identification" have the same meanings as in section 2133.21 of the Revised Code. (E)(1) In a durable power of attorney for health care, a principal may nominate a guardian of the principal's person, estate, or both for consideration by a court if proceedings for the appointment of a guardian for the principal's person, estate, or both are commenced at a later time. The principal may authorize the person nominated as the guardian or the attorney in fact to nominate a successor guardian for consideration by the court. The principal's nomination of a guardian of the principal's person, estate, or both is revoked by the principal's subsequent nomination of a guardian of the principal's person, estate, or both, and, except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. (2) The principal may direct that bond be waived for a person nominated as guardian or successor guardian under division (E)(1) of this section. (3) A durable power of attorney for health care that contains the nomination of a person to be the guardian of the person, estate, or both of the principal may be filed with the probate court for safekeeping, and the probate court shall designate the nomination as the nomination of a standby guardian. (4) If a guardian is appointed for the principal, a durable power of attorney for health care is not terminated, and the authority of the attorney in fact continues unless the court, pursuant to its authority under section 2111.50 of the Revised Code, limits, suspends, or terminates the power of attorney after notice to the attorney in fact and upon a finding that the limitation, suspension, or termination is in the best interest of the principal.
Ohio Rev. Code § 1302.98 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.98
§ 1302.98. Statute of limitations in contracts for sale - UCC 2-725
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (B) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered. (C) Where an action commenced within the time limited by division (A) of this section is so terminated as to leave available a remedy by another action for the same breach, such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (D) This section does not alter sections 2305.15 and 2305.16 of the Revised Code on tolling of the statute of limitations, nor does it apply to causes of action which have accrued before July 1, 1962. Disclaimer Contact About
Ohio Rev. Code § 1304.80 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.80
§ 1304.80. Creditor process served on receiving bank - setoff by beneficiary's bank - UCC 4A-502
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (B) This division applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights regarding the creditor process, if the receiving bank accepts the payment order, the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order. (C) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, all of the following apply: (1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank regarding the account. (2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal. (3) If creditor process regarding the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may reject the payment order except for a reason unrelated to the service of process. (D) Creditor process regarding a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank regarding the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act regarding the process.
Ohio Rev. Code § 1346.10 — Ohio Revised Code / Title 13 / Chapter 1346 / § 1346.10
§ 1346.10. Revocation of license of stamping agent for violations
Status: in_force

September 26, 2003 House Bill 95 - 125th General Assembly (A) In lieu of or in addition to any other remedy provided by law, upon a determination that a stamping agent has violated division (C)(1) of section 1346.05 of the Revised Code or any administrative rule adopted under sections 1346.05 to 1346.10 of the Revised Code, the tax commissioner may revoke the license of the stamping agent in the manner provided by section 5743.18 of the Revised Code. (B) For each violation of division (C)(1) of section 1346.05 of the Revised Code, in addition to any other penalty provided by law, the tax commissioner may impose a fine in an amount not to exceed the greater of five hundred per cent of the retail value of the cigarettes involved or five thousand dollars. The fine shall be imposed in the manner provided by section 5743.081 of the Revised Code. For the purpose of this division, each stamp affixed to a package of cigarettes and each sale or offer for sale of cigarettes in violation of division (C)(1) of section 1346.05 of the Revised Code shall constitute a separate violation. Disclaimer Contact About
Ohio Rev. Code § 1317.14 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.14
§ 1317.14. Waiver of defenses provision in contract is void
Status: in_force

August 8, 1980 House Bill 272 - 113th General Assembly Any provision in a retail installment contract or in any other agreement that is executed on or after August 1, 1980, by which a buyer in connection with a consumer transaction agrees not to assert any defenses against a seller, or the seller's assignee or transferee, is void, and the courts have no jurisdiction to enforce any such provision.
Ohio Rev. Code § 1302.07 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.07
§ 1302.07. Formation in general - UCC 2-204
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (B) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (C) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Ohio Rev. Code § 1301.307 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.307
§ 1301.307. Prima facie evidence by third-party documents - UCC 1-307
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Prima facie evidence by third-party documents [UCC 1-307] A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Ohio Rev. Code § 1313.14 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.14
§ 1313.14. Notice of appointment
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Each assignee or trustee for the benefit of creditors appointed on the failure of the assignee of a debtor to qualify, within thirty days after giving bond, must give notice of his appointment in some newspaper of general circulation in the county, for three successive weeks.