Ohio Rev. Code § 1349.67 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.67
§ 1349.67. High-volume seller disclosure requirements
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly (A) An online marketplace shall do both of the following: (1) Verify the information collected under division (A) of section 1349.66 of the Revised Code not later than ten days after such collection; (2) Verify any change to such information not later than ten days after being notified of such change by a high-volume third party seller under division (B) of section 1349.66 of the Revised Code. (B) In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document. Last updated May 16, 2022 at 4:19 PM
Ohio Rev. Code § 1317.21 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.21
§ 1317.21. Breach of layaway arrangement by buyer
Status: in_force

May 1, 1992 House Bill 289 - 119th General Assembly (A) Notwithstanding division (B) of section 1302.92 of the Revised Code and excluding layaway arrangements made pursuant to section 1317.22 of the Revised Code, when a seller justifiably withholds the delivery of specific goods because of the buyer's breach of a layaway arrangement, then both of the following apply: (1) The amount of the liquidated damages to which the seller is entitled shall not exceed the lesser of twenty-five dollars or ten per cent of the value of specific goods subject to the layaway arrangement. (2) The buyer is entitled to a refund of the balance of deposits and payments that he previously made pursuant to the layaway arrangement, determined after deducting the liquidated damages described in division (A)(1) of this section. (B)(1) If a buyer fails to comply with the layaway arrangement, then, except as provided in division (C) and except for a buyer cancellation under division (F) of this section, the seller shall send a notice to the buyer in accordance with division (B)(2) of this section that contains all of the following information: (a) The fact that the buyer has failed to comply with the layaway arrangement; (b) A statement indicating whether the buyer has failed to comply with the layaway arrangement because he failed to pay the full layaway price when it was due, or because he failed to make one or more deposits or other payments when they were required to be made pursuant to the layaway arrangement, and a statement of the total amount presently owed by the buyer in order to remedy the breach and reinstate the layaway arrangement; (c) Unless, within ten days from the date of the giving of the notice in accordance with division (B)(2) of this section, the buyer complies with the layaway arrangement that he has breached by paying the total amount presently owed to remedy the breach and reinstate the layaway arrangement, the seller may return the specific goods subject to the layaway arrangement to the retail inventory of the seller and offer the same for sale to other buyers. (2) A seller shall give the notice required by division (B)(1) of this section to a buyer as follows: (a) In a writing that is sent by certified mail, return receipt requested, or by regular mail evidenced by a properly completed and stamped certificate of mailing by regular mail, to the buyer's address as set forth by the buyer in the layaway arrangement or subsequent written notification of address change if applicable, or otherwise to the buyer's last known mailing address; (b) At least ten days prior to the date that the seller intends to return the specific goods subject to the layaway arrangement to the retail inventory of the seller and offer the same for sale to other buyers. (C) If the layaway price of the specific goods subject to the layaway arrangement is one hundred dollars or less, the seller need not send the notice required under this section if the seller furnished a written copy of the layaway arrangement to the buyer at the time the initial deposit or payment was paid and the copy indicated that the seller may retain liquidated damages in accordance with division (A) of this section in the event that the buyer breaches the layaway arrangement. (D) Notwithstanding division (A) of this section, if the buyer breaches the layaway arrangement and if the seller is required to give the notice described in division (B)(1) of this section but fails to do so in accordance with division (B)(2) of this section, then both of the following apply: (1) The seller forfeits his right to liquidated damages under division (A) of this section in connection with the buyer's breach of the layaway arrangement; (2) The buyer is entitled to a refund of the entire amount of the deposits or payments that he previously made pursuant to the layaway arrangement. (E) If a seller who is required to give the notice described in division (B)(1) of this section gives it in accordance with division (B)(2) of this section, and if the buyer fails, within ten days from the date of the giving of the notice in accordance with that division, to comply with the layaway arrangement that he has breached by paying the total amount presently owed in order to remedy the breach and reinstate the layaway arrangement, then both of the following apply: (1) The seller may return any specific goods subject to the layaway arrangement to the retail inventory of the seller and offer it for sale to other persons. (2) The right of the seller to liquidated damages under division (A) of this section in connection with the buyer's breach of the layaway arrangement is not impaired and the buyer is entitled only to a refund of the balance of the deposits and payments that he previously made pursuant to the layaway arrangement as determined in accordance with that division. (F) The buyer may cancel the contract by giving written notice of cancellation to the seller at any time. Upon receipt of the notice, the seller shall consider the layaway arrangement terminated and shall provide a refund to the buyer pursuant to this section and section 1317.23 of the Revised Code.
Ohio Rev. Code § 1304.61 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.61
§ 1304.61. Transmission of payment order through funds-transfer or other communication system - UCC 4A-206
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. (B) This section does not apply to a funds-transfer system of the federal reserve banks. (C) This section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
Ohio Rev. Code § 1347.06 — Ohio Revised Code / Title 13 / Chapter 1347 / § 1347.06
§ 1347.06. Administrative rules
Status: in_force

January 23, 1981 House Bill 799 - 113th General Assembly The director of administrative services shall adopt, amend, and rescind rules pursuant to Chapter 119. of the Revised Code for the purposes of administering and enforcing the provisions of this chapter that pertain to state agencies. A state or local agency that, or an officer or employee of a state or local agency who, complies in good faith with a rule applicable to the agency is not subject to criminal prosecution or civil liability under this chapter.
Ohio Rev. Code § 1302.13 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.13
§ 1302.13. Delegation of performance - assignment of rights - UCC 2-210
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A party may perform the party's duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having the original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach. (B)(1) Except as otherwise provided in section 1309.406 of the Revised Code, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on the other party by the contract, or impair materially the other party's chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of the assignor's entire obligation can be assigned despite agreement otherwise. (2) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance under division (B)(1) of this section unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. In any case, the creation, attachment, perfection, and enforcement of the security interest remain effective, but the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement. (C) Unless the circumstances indicate the contrary a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance. (D) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by the assignee to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract. (E) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to the other party's rights against the assignor demand assurances from the assignee as provided in section 1302.67 of the Revised Code.
Ohio Rev. Code § 1317.16 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.16
§ 1317.16. Disposition of collateral
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A secured party whose security interest is taken pursuant to section 1317.071 of the Revised Code may, after default, dispose of any or all of the collateral only as authorized by this section. (B) Disposition of the collateral shall be by public sale only. Such sale may be as a unit or in parcels and the method, manner, time, place, and terms thereof shall be commercially reasonable. At least ten days prior to sale the secured party shall send notification of the time and place of such sale and of the minimum price for which such collateral will be sold, together with a statement that the debtor may be held liable for any deficiency resulting from such sale, by certified mail, return receipt requested, to the debtor at the debtor's last address known to the secured party, and to any persons known by the secured party to have an interest in the collateral. In addition, the secured party shall cause to be published, at least ten days prior to the sale, a notice of such sale listing the items to be sold, in a newspaper of general circulation in the county where the sale is to be held. (C) Except as modified by this section, sections 1309.610 , 1309.611 , 1309.615 , 1309.617 , and 1309.624 of the Revised Code govern disposition of collateral by the secured party.
Ohio Rev. Code § 1304.07 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.07
§ 1304.07. Delays - UCC 4-109
Status: in_force

August 15, 1996 Senate Bill 155 - 121st General Assembly (A) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party. (B) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code or by instructions is excused if the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and the bank exercises whatever diligence that the circumstances require.
Ohio Rev. Code § 1337.42 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.42
§ 1337.42. Authority that requires specific grant; grant of general authority
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly (A) An agent under a power of attorney may do any of the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and if exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject, and, with respect to a revocable trust of which the principal was the settlor, if the trust agreement expressly authorizes the agent to exercise the principal's powers with respect to the revocation, amendment, or distribution: (1) Create, amend, revoke, or terminate an inter vivos trust to the extent permitted by section 5801.05 of the Revised Code or any other provision of Title LVIII of the Revised Code; (2) Make a gift; (3) Create or change rights of survivorship; (4) Create or change a beneficiary designation; (5) Delegate authority granted under the power of attorney; (6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) Exercise fiduciary powers that the principal has authority to delegate. (B) Notwithstanding a grant of authority to do an act described in division (A) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (C) Subject to divisions (A), (B), (D), and (E) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 1337.45 to 1337.57 of the Revised Code. (D) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 1337.58 of the Revised Code. (E) Subject to divisions (A), (B), and (D) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (F) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (G) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
Ohio Rev. Code § 1321.83 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.83
§ 1321.83. Secured transactions filing provisions not applicable to insurance premium finance agreements
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly No filing provisions of Chapter 1309. of the Revised Code apply to insurance premium finance agreements, and no filing of the premium finance agreement is necessary to perfect the validity of such agreements as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, trustees in bankruptcy or any other insolvency proceeding under any law, or their successors or assigns. Last updated November 5, 2021 at 5:21 PM
Ohio Rev. Code § 1321.541 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.541
§ 1321.541. Actions by attorney general, county prosecutor to enforce General Loan Law
Status: in_force

January 1, 2007 Senate Bill 185 - 126th General Assembly (A) The attorney general may directly bring an action to enjoin a violation of sections 1321.51 to 1321.60 of the Revised Code with the same rights, privileges, and powers as those described in section 1345.06 of the Revised Code. The prosecuting attorney of the county in which the action may be brought may bring an action to enjoin a violation of sections 1321.51 to 1321.60 of the Revised Code only if the prosecuting attorney first presents any evidence of the violation to the attorney general and, within a reasonable period of time, the attorney general has not agreed to bring the action. (B)(1) The prosecuting attorney of the county in which an alleged offense may be prosecuted may initiate criminal proceedings under sections 1321.51 to 1321.60 of the Revised Code. (2) In order to initiate criminal proceedings under sections 1321.51 to 1321.60 of the Revised Code, the attorney general shall first present any evidence of criminal violations to the prosecuting attorney of the county in which the alleged offense may be prosecuted. If, within a reasonable period of time, the prosecuting attorney has not agreed to prosecute the violations, the attorney general may proceed in the prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power to appear before grand juries and to interrogate witnesses before such grand juries. (C) These powers of the attorney general shall be in addition to any other applicable powers of the attorney general. Last updated November 5, 2021 at 3:16 PM
Ohio Rev. Code § 1301.303 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.303
§ 1301.303. Course of performance, course of dealing, and usage of trade - UCC 1-303
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Course of performance, course of dealing, and usage of trade [UCC 1-303] (A) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection. (B) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (C) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law. (D) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance. (E) Except as otherwise provided in division (F) of this section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) Express terms prevail over course of performance, course of dealing, and usage of trade; (2) Course of performance prevails over course of dealing and usage of trade; and (3) Course of dealing prevails over usage of trade. (F) Subject to section 1302.12 of the Revised Code, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. (G) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
Ohio Rev. Code § 1309.324 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.324
§ 1309.324. Priority of purchase-money security interests - UCC 9-324
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in division (G) of this section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in section 1309.327 of the Revised Code, a perfected security interest in its identifiable proceeds also has priority, if the purchase money security interest is perfected when the debtor receives possession of the collateral or within twenty days thereafter. (B) Subject to division (C) of this section and except as otherwise provided in division (G) of this section, a perfected purchase money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if provided in section 1309.330 of the Revised Code, and, except as otherwise provided in section 1309.327 of the Revised Code, also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer if: (1) The purchase money security interest is perfected when the debtor receives possession of the inventory; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in inventory of the debtor and describes the inventory. (C) Divisions (B)(2), (3), and (4) of this section apply only if the holder of the conflicting security interest filed a financing statement covering the same types of inventory: (1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under division (F) of section 1309.312 of the Revised Code, before the beginning of the twenty-day period. (D) Subject to division (E) of this section and except as otherwise provided in division (G) of this section, a perfected purchase money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in section 1309.327 of the Revised Code, a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if: (1) The purchase money security interest is perfected when the debtor receives possession of the livestock; (2) The purchase money secured party sends an authenticated notification to the holder of the conflicting security interest; (3) The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and (4) The notification states that the person sending the notification has or expects to acquire a purchase money security interest in livestock of the debtor and describes the livestock. (E) Divisions (D)(2), (3), and (4) of this section apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock: (1) If the purchase money security interest is perfected by filing, before the date of the filing; or (2) If the purchase money security interest is temporarily perfected without filing or possession under division (F) of section 1309.312 of the Revised Code, before the beginning of the twenty-day period. (F) Except as otherwise provided in division (G) of this section, a perfected purchase money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in section 1309.327 of the Revised Code, a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section. (G) If more than one security interest qualifies for priority in the same collateral under division (A), (B), (D), or (F) of this section: (1) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and (2) In all other cases, division (A) of section 1309.322 of the Revised Code applies to the qualifying security interests.
Ohio Rev. Code § 1333.36 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.36
§ 1333.36. Prohibition on sale of additional merchandise at bankruptcy or receiver's sale
Status: in_force

October 24, 1961 House Bill 342 - 104th General Assembly No person shall with intent to mislead or deceive the general public, advertise, offer to sell, or sell additional merchandise at the bankruptcy sale or at a receiver's sale.
Ohio Rev. Code § 1349.65 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.65
§ 1349.65. High-volume seller definitions
Status: in_force

July 6, 2022 House Bill 272 - 134th General Assembly As used in sections 1349.65 to 1349.76 of the Revised Code: (A) "Consumer product" has the same meaning as in section 101 of the "Magnuson-Moss Warranty-Federal Trade Commission Improvement Act," 15 U.S.C. 2301 and 16 C.F.R. 700.1. (B) "High-volume third party seller" means a participant on an online marketplace's platform that is a third party seller and that, in any continuous twelve-month period during the previous twenty-four months, has entered into two hundred or more discrete sales or transactions of new or unused consumer products through the online marketplace, and for which payment was processed by the online marketplace, either directly or through its payment processor, with an aggregate total of five thousand dollars or more in gross revenues. (C) "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria: (1) It includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state. (2) It is used by one or more third party sellers for such purposes. (3) It has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (D) "Seller" means a person that sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform. "Seller" does not include a new motor vehicle dealer licensed under Chapter 4517. of the Revised Code. (E)(1) "Third party seller" means any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through such online marketplace's platform. (2) "Third party seller" does not include, with respect to an online marketplace, either of the following: (a) A seller that operates the online marketplace's platform; (b) A business entity to which all of the following apply: (i) It has made available to the general public the entity's name, business address, and working contact information. (ii) It has an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products. (iii) It has provided to the online marketplace identifying information, as described in section 1349.66 of the Revised Code, that has been verified in accordance with that section. (F) "Verify" means to confirm information provided to an online marketplace pursuant to section 1349.66 of the Revised Code, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified. Last updated May 16, 2022 at 4:18 PM
Ohio Rev. Code § 1327.51 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.51
§ 1327.51. Entry on premises - orders to prevent violation - seizure of property - hearing
Status: in_force

June 30, 2011 House Bill 153 - 129th General Assembly (A) When necessary for the enforcement of sections 1327.46 to 1327.61 of the Revised Code or rules adopted pursuant thereto, the director of agriculture and any weights and measures official acting under the authority of section 1327.52 of the Revised Code may do any of the following: (1) Enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, the director or official shall first present the director's or official's credentials and obtain consent before making entry thereto, unless a search warrant previously has been obtained; (2) Issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodity observed to be or believed to be sold; (3) Seize for use as evidence any incorrect or unapproved weight or measure or any package or commodity found to be used, retained, or sold in violation of sections 1327.46 to 1327.61 of the Revised Code or rules adopted pursuant thereto. (B) The director shall afford an opportunity for a hearing in accordance with Chapter 119. of the Revised Code to any owner or operator whose property is seized by the department of agriculture.
Ohio Rev. Code § 1309.408 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.408
§ 1309.408. Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective - UCC 9-408
Status: in_force

July 1, 2013 Senate Bill 208 - 129th General Assembly (A) Except as otherwise provided in division (B) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor that relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is not effective to the extent that the term: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible. (B) Division (A) applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note, other than a sale pursuant to a disposition under section 1309.610 of the Revised Code or an acceptance of collateral under section 1309.620 of the Revised Code. (C) A rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is not effective to the extent that the rule of law, statute, or regulation: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible. (D) To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor that relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in division (C) of this section would be effective under law other than this chapter but is ineffective under division (A) or (C) of this section, the creation, attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible: (1) Is not enforceable against the person obligated on the promissory note or the account debtor; (2) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor; (3) Does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party; (4) Does not entitle the secured party to use or assign the debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible; (5) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and (6) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable, or general intangible. (E) Divisions (A) and (C) of this section do not apply to: (1) A claim or right to receive compensation for injuries or sickness as described in section 104(a)(1) or (2) of the Internal Revenue Code as amended; or (2) A claim or right to receive benefits under a special needs trust as described in the "Omnibus Budget Reconciliation Act of 1993," 107 Stat. 312, 42 U.S.C. 1396p(d)(4), as amended. (F) Divisions (A), (C), and (E) of this section apply only to a security interest created on or after July 1, 2001. Nothing in this section shall supersede the provisions of sections 2323.58 to 2323.587 of the Revised Code. This section shall be interpreted consistently with sections 2323.58 to 2323.587 of the Revised Code.
Ohio Rev. Code § 1304.23 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.23
§ 1304.23. Medium and time of settlement by bank - UCC 4-213
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearing house rules, and similar rules and documents, or agreement. In the absence of prescription in that manner, both of the following apply: (1) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement. (2) The time of settlement is one of the following: (a) With respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered; (b) With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made; (c) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge in account, when the authority is sent or delivered; (d) With respect to tender of settlement by a funds transfer, when payment is made pursuant to division (A) of section 1304.34 of the Revised Code to the person receiving settlement. (B) If the tender of settlement is not by a medium authorized by division (A) of this section or the time of settlement is not fixed by division (A) of this section, no settlement occurs until the tender of settlement is accepted by the person receiving settlement. (C) If settlement for an item is made by cashier's check or teller's check, both of the following apply: (1) If the person receiving settlement, before its midnight deadline, presents or forwards the check for collection, settlement is final when the check is finally paid. (2) If the person receiving settlement, before its midnight deadline, fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement. (D) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
Ohio Rev. Code § 1304.85 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.85
§ 1304.85. Choice of law - UCC 4A-507
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) All of the following apply unless the affected parties otherwise agree or division (C) of this section applies: (1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located. (2) The rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located. (3) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located. (B) If the parties described in division (A) of this section have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction. (C)(1) A funds-transfer system rule may select the law of a particular jurisdiction to govern either of the following: (a) The rights and obligations between participating banks regarding payment orders transmitted or processed through the system; (b) The rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. (2) A choice of law made pursuant to division (C)(1)(a) of this section is binding on participating banks. A choice of law made pursuant to division (C)(1)(b) of this section is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to division (C)(1) of this section may govern, whether or not that law bears a reasonable relation to the matter in issue. (D) In the event of inconsistency between an agreement under division (B) of this section and a choice-of-law rule under division (C) of this section, the agreement under division (B) of this section prevails. (E) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue. Disclaimer Contact About
Ohio Rev. Code § 1337.36 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.36
§ 1337.36. Judicial relief
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly (A) Any of the following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, or other fiduciary acting for the principal, including an executor or administrator of the estate of a deceased principal; (3) A person authorized to make health-care decisions for the principal; (4) The principal's spouse, parent, or descendant; (5) An individual who would qualify as a presumptive heir of the principal; (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (7) A governmental agency having regulatory authority to protect the welfare of the principal; (8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; (9) A person asked to accept the power of attorney. (B) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.
Ohio Rev. Code § 1309.709 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.709
§ 1309.709. Priority - UCC 9-709
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, the law in effect at the time the priorities of the claims were established determines priority. (B) For purposes of division (A) of section 1309.322 of the Revised Code, as it exists on July 1, 2001, the priority of a security interest that becomes enforceable under section 1309.203 of the Revised Code, as it exists on July 1, 2001, dates from July 1, 2001, if the security interest is perfected under this chapter by the filing of a financing statement before July 1, 2001, that would not have been effective to perfect the security interest under the law in effect at the time of the filing. This division does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement. Disclaimer Contact About
Ohio Rev. Code § 1329.60 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.60
§ 1329.60. Assignment of trademark or service mark and registration
Status: in_force

June 6, 2001 House Bill 94 - 124th General Assembly Any trademark or service mark and its registration shall be assignable with the good will of the business in which the trademark or service mark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of the fee specified in division (U)(2) of section 111.16 of the Revised Code, payable to the secretary of state, who, after recording the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. The instrument shall be on a form prescribed by the secretary of state. An assignment of any registration shall be void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
Ohio Rev. Code § 1353.05 — Ohio Revised Code / Title 13 / Chapter 1353 / § 1353.05
§ 1353.05. Contracts prior to date of chapter
Status: in_force

June 29, 1988 Senate Bill 157 - 117th General Assembly This chapter does not apply to any contract entered into before the effective date of this chapter unless it is a continuing contract that has no expiration date.
Ohio Rev. Code § 1311.35 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.35
§ 1311.35. Waiver of lien
Status: in_force

January 30, 2014 House Bill 72 - 130th General Assembly The liens in section 1311.34 of the Revised Code are waived by the employee, as to any portion of such labor, unless within thirty days from the expiration of three months from the performance thereof, the employee files with the county recorder of the county where the labor was performed an itemized statement, verified by affidavit, of the amount, kind, and value of the labor performed within such period, with all credits and offsets and the amount then due the employee therefor. The statement, when filed, shall be recorded in the official records, and becomes a lien upon the real property of the employer without any specific description thereof, for the period of one year from the filing of the statement.
Ohio Rev. Code § 1302.50 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.50
§ 1302.50. Rights of financing agency - UCC 2-506
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer. (B) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular.
Ohio Rev. Code § 1345.49 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.49
§ 1345.49. Buyer's waiver void
Status: in_force

September 22, 1976 Senate Bill 157 - 111th General Assembly Any waiver by the buyer of the provisions of sections 1345.41 to 1345.50 of the Revised Code is contrary to public policy and is void.
Ohio Rev. Code § 1311.721 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.721
§ 1311.721. Notice to abandoned aircraft owner
Status: in_force

April 9, 2025 House Bill 77 - 135th General Assembly (A) Before perfecting a lien that arises under section 1311.72 of the Revised Code for an abandoned aircraft, the director of a public-use airport shall search the appropriate records of the airport and contact both of the following entities to determine the name and address of the last registered owner: (1) The federal aviation administration's aircraft registration branch; (2) The office of aviation. (B)(1) Within twenty business days after receipt of the information obtained under division (A) of this section, the director shall send notice to the owner of the abandoned aircraft that was identified in accordance with division (A) of this section that includes all of the following information: (a) A description of the abandoned aircraft that includes its federal aviation administration n-number, manufacturer name, model designation, and serial number; (b) The location of the abandoned aircraft on the airport premises; (c) The amount of any fees and charges for the use of the airport by the abandoned aircraft that have accrued; (d) That the airport may seek to perfect a lien in accordance with section 1311.73 of the Revised Code if, within thirty calendar days after the date of receipt of such notice or notification that delivery was not possible, the owner does not remove the abandoned aircraft from the airport and pay all accrued fees and charges. (2) The notice described in division (B)(1) of this section may be sent by any of the following methods: (a) Certified or express mail with return receipt requested; (b) Certified mail with electronic tracking; (c) A commercial carrier service utilizing any form of delivery requiring a signed receipt; (d) Personal service. (C) The director may proceed in accordance with section 1311.73 of the Revised Code if the owner of the abandoned aircraft does not pay the accrued fees and charges in full and does not remove the abandoned aircraft within thirty days of the acknowledged receipt, or notification that the delivery was not possible, of a notice sent in accordance with division (B) of this section. (D) Failure of the owner to receive a notice of removal does not invalidate a lien perfected under section 1311.73 of the Revised Code if the director complies with division (B) of this section. Last updated March 20, 2025 at 2:22 PM
Ohio Rev. Code § 1309.335 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.335
§ 1309.335. Accessions - UCC 9-335
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A security interest may be created in an accession and continues in collateral that becomes an accession. (B) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (C) Except as otherwise provided in division (D) of this section, the other provisions of sections 1309.301 to 1309.342 of the Revised Code determine the priority of a security interest in an accession. (D) A security interest in an accession is subordinate to a security interest in the whole that is perfected by compliance with the requirements of a certificate of title statute under division (B) of section 1309.311 of the Revised Code. (E) After default, subject to sections 1309.601 to 1309.628 of the Revised Code, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole. (F) A secured party that removes an accession from other goods under division (E) of this section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Ohio Rev. Code § 1304.62 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.62
§ 1304.62. Misdescription of beneficiary - UCC 4A-207
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) Subject to division (B) of this section, if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur. (B) If a payment order received by the beneficiary's bank identifies the beneficiary by name and an identifying or bank account number, and the name and number identify different persons, both of the following apply: (1) Except as otherwise provided in division (C) of this section, if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's bank need not determine whether the name and number refer to the same person. (2) If the beneficiary's bank pays the person identified by name or knows that the name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur. (C) If a payment order described in division (B) of this section is accepted, the originator's payment order described the beneficiary inconsistently by name and number, and the beneficiary's bank pays the person identified by number as permitted by division (B)(1) of this section, both of the following apply: (1) If the originator is a bank, the originator shall pay its order. (2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice relates. (D) In a case governed by division (B)(1) of this section, if the beneficiary's bank rightfully pays the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent allowed by the law governing mistake and restitution as follows: (1) If the originator is obliged to pay its payment order as stated in division (C) of this section, the originator may recover. (2) If the originator is not a bank and is not obliged to pay its payment order, the originator's bank may recover.
Ohio Rev. Code § 1309.627 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.627
§ 1309.627. Determination of whether conduct was commercially reasonable - UCC 9-627
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner. (B) A disposition of collateral is made in a commercially reasonable manner if the disposition is made: (1) In the usual manner on any recognized market; (2) At the price current in any recognized market at the time of the disposition; or (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition. (C) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved: (1) In a judicial proceeding; (2) By a bona fide creditors' committee; (3) By a representative of creditors; or (4) By an assignee for the benefit of creditors. (D) Approval under division (C) of this section does not have to be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
Ohio Rev. Code § 1311.87 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.87
§ 1311.87. Perfection of lien
Status: in_force

March 31, 2021 Senate Bill 39 - 133rd General Assembly (A)(1) A lien established pursuant to section 1311.86 of the Revised Code is perfected when both of the following have occurred: (a) The broker is entitled to a fee or commission under the contract. (b) The broker has met the requirements of division (B) of this section. (2) The lien is perfected as of the date the requirements of division (A)(1) of this section are met and does not relate back to an earlier date. (B) To perfect a lien pursuant to division (A)(1) of this section, a broker shall comply with all of the following: (1) The broker shall record a lien affidavit in the county recorder's office of the county in which the real estate is located. The recorder shall record on the affidavit the date and precise time the affidavit was presented for record, and shall record the affidavit. The recorder shall charge and collect the fees set forth in section 317.32 of the Revised Code for the recorder's services. (2)(a) The lien affidavit shall include the name of the broker who has the lien, the name of the owner of the lien property, a legal description of the lien property, the amount for which the lien is claimed, the date and a summary of the written contract on which the lien is based, and the real estate license number of the broker. The lien affidavit shall state that the information contained in the affidavit is true and accurate to the knowledge of the signator, be signed by the broker or the broker's agent, and be verified. (b) For purposes of division (B)(2)(a) of this section, a description that is sufficient to describe the lien property for the purpose of conveyance, or is contained in the instrument by which the owner took title, is a legal description. (3) A lien affidavit based on the sale of lien property shall be recorded prior to the conveyance of the lien property. (4) A lien affidavit based on the purchase of lien property shall be recorded within ninety days after the conveyance of the lien property. (5) A lien affidavit based on a lease of lien property shall be recorded within ninety days after a default by the owner in the payment of an amount due under a written contract for services related to leasing the lien property. (6) Within three days of the recording of the lien affidavit, the broker shall provide a copy of the lien affidavit to the owner of the lien property and, where a contract for the sale or other conveyance of the lien property has been entered into, to the prospective transferee, where known, by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. (C) Initial leases, lease renewals, and expansions of the space leased shall be treated as separate leases for purposes of division (B)(5) of this section.
Ohio Rev. Code § 1341.19 — Ohio Revised Code / Title 13 / Chapter 1341 / § 1341.19
§ 1341.19. Sureties may compel principal to pay debt
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A surety may maintain an action against his principal to compel him to discharge the debt or liability for which the surety is bound, after it becomes due.
Ohio Rev. Code § 1327.58 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.58
§ 1327.58. Temporary or permanent injunction
Status: in_force

July 26, 1974 House Bill 203 - 110th General Assembly Irrespective of whether or not there exists an adequate remedy at law, the director of agriculture may apply to any court of competent jurisdiction for a temporary or permanent injunction or other appropriate relief restraining any person from continued violation of sections 1327.46 to 1327.61 of the Revised Code and of regulations promulgated thereunder.
Ohio Rev. Code § 1334.99 — Ohio Revised Code / Title 13 / Chapter 1334 / § 1334.99
§ 1334.99. Penalty
Status: in_force

July 1, 1996 Senate Bill 2 - 121st General Assembly Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree. Disclaimer Contact About
Ohio Rev. Code § 1337.43 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.43
§ 1337.43. Incorporation of authority
Status: in_force

March 22, 2012 Senate Bill 117 - 129th General Assembly (A) An agent has authority described in sections 1337.42 to 1337.58 of the Revised Code if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 1337.45 to 1337.58 of the Revised Code or cites the section of the Revised Code in which the authority is described. (B) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 1337.45 to 1337.58 of the Revised Code or a citation to any of those sections incorporates the entire section as if it were set out in full in the power of attorney. (C) A principal may modify authority incorporated by reference.
Ohio Rev. Code § 1304.66 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.66
§ 1304.66. Cancellation and amendment of payment order - UCC 4A-211
Status: in_force

October 23, 1991 House Bill 221 - 119th General Assembly (A) A communication of the sender of a payment order canceling or amending the order may be transmitted to the receiving bank orally, electronically, or in writing. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment. (B) Subject to division (A) of this section, a communication by the sender canceling or amending a payment order is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order. (C)(1) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank. (2) With respect to a payment order accepted by a receiving bank other than the beneficiary's bank, cancellation or amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving bank is also made. (3) With respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer that resulted in the issuance of a payment order that is a duplicate of a payment order previously issued by the sender, that orders payment to a beneficiary not entitled to receive payment from the originator, or that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is canceled or amended, the beneficiary's bank may recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution. (D) An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order. (E) A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified, and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time. (F) Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the bank's agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney's fees, incurred by the bank as a result of the cancellation, amendment, or attempted cancellation or amendment. (G) A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order. (H) A funds-transfer system rule is not effective to the extent it conflicts with division (C)(3) of this section.
Ohio Rev. Code § 1302.83 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.83
§ 1302.83. Action for the price - UCC 2-709
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under section 1302.84 of the Revised Code, the price: (1) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (2) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing. (B) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold. (C) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated as provided in section 1302.68 of the Revised Code, a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for non-acceptance under section 1302.82 of the Revised Code.
Ohio Rev. Code § 1302.89 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.89
§ 1302.89. Buyer's incidental and consequential damages - UCC 2-715
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. (B) Consequential damages resulting from the seller's breach include: (1) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (2) injury to person or property proximately resulting from any breach of warranty.
Ohio Rev. Code § 1309.604 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.604
§ 1309.604. Procedure if security agreement covers real property or fixtures - UCC 9-604
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) If a security agreement covers both personal and real property, a secured party may proceed: (1) Under sections 1309.601 to 1309.628 of the Revised Code as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the personal property and the real property, in accordance with the rights with respect to the real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply. (B) Subject to division (C) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) Under sections 1309.601 to 1309.628 of the Revised Code; or (2) In accordance with the rights with respect to real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply. (C) Subject to the other provisions of sections 1309.601 to 1309.628 of the Revised Code, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (D) A secured party who removes collateral shall reimburse promptly any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Ohio Rev. Code § 1333.37 — Ohio Revised Code / Title 13 / Chapter 1333 / § 1333.37
§ 1333.37. Intent to mislead or deceive general public
Status: in_force

October 24, 1961 House Bill 342 - 104th General Assembly The offering or display for sale of additional merchandise by any person conducting a bankruptcy or receiver's sale at the premises of such sale is prima-facie evidence of intent to mislead or deceive the general public, provided, however, that goods and merchandise stored in a warehouse shall not be presumed to be part of such sale.
Ohio Rev. Code § 1311.91 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.91
§ 1311.91. Priority of mechanic's liens
Status: in_force

September 11, 1997 House Bill 158 - 122nd General Assembly All valid mechanic's liens, arising pursuant to and perfected in accordance with Chapter 1311. of the Revised Code, and all prior recorded liens and mortgages have priority over a broker's lien perfected pursuant to section 1311.87 of the Revised Code.
Ohio Rev. Code § 1311.73 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.73
§ 1311.73. Lien perfected by filing affidavit with FAA - form of affidavit - time period for filing
Status: in_force

April 9, 2025 House Bill 77 - 135th General Assembly (A)(1) To perfect a lien that arises under section 1311.72 of the Revised Code, the person claiming the lien shall make and file for record with the United States federal aviation administration an affidavit verified under oath that includes all of the following information: (a) The amount owed to the lien claimant for the labor, storage, or materials; (b) A description of the aircraft that reasonably identifies it including the manufacturer, model, serial number, and registration number of the aircraft; (c) The name of the person for whom the labor was performed, the storage was provided, or the materials were furnished, if applicable; (d) The name of the owner of the aircraft, if known; (e) The name and address of the lien claimant; (f) The date that the lien claimant or the lien claimant's employee last performed any labor upon, stored, or furnished any materials for the aircraft, or if the storage is ongoing; (g) The date that the lien claimant surrendered possession of the aircraft, if the lien claimant surrendered it; (h) The name and address of the person who prepared the affidavit. (2) The omission or inaccuracy of any address in the affidavit does not invalidate the affidavit. The lien claimant may verify the affidavit before any person authorized to administer oaths, including an agent for the owner, the lien claimant, or any other interested party. An agent of the lien claimant may sign the affidavit for the lien claimant, provided that the agent states the agent's capacity with respect to the lien claimant. A lien claimant is considered to have filed for record with the United States federal aviation administration an affidavit upon receipt of the affidavit by the United States federal aviation administration as evidenced by a certified mail return receipt. (B) The affidavit may be in the following form: "Affidavit for Lien on Aircraft State of Ohio, County of_____________________, ss: __________________________, ___________________________________ of ________________________ whose address is____________________________________________, being first duly sworn, says that such lien claimant or such lien claimant's employee performed labor, repairs, services, or maintenance upon, provided storage, or furnished materials, products, substances, accessories, parts, or equipment for a certain aircraft or part or equipment of a certain aircraft at the request of ______________________, whose address is ____________________, and of which ______________________ is the titled owner. The owner's address is _____________________________________ The aircraft upon which labor, repairs, services, or maintenance were performed, or storage was provided, or materials, products, substances, accessories, parts, or equipment were furnished is identified as follows: Manufacturer: ______________________________________________ Model: _____________________________________________________ Serial number ______________________________________________ Registration number ________________________________________ The last date that labor, repairs, services, or maintenance were performed upon, or storage was provided, or materials, products, substances, accessories, parts, or equipment were furnished for the aircraft herein identified, including any part or equipment of that aircraft, was _______________ ______________, _____________, or alternatively, storage is still ongoing as of the following date: _______________ ______________, _____________ The lien claimant states there is justly and truly due, over and above all legal setoffs, the sum of __________ dollars, for which the lien claimant claims a lien on the aircraft identified herein. The lien claimant states that the lien claimant is (is not) currently in possession of the aircraft. (The lien claimant states that the lien claimant surrendered possession of the aircraft on the ________ day of _____________, _________) ___________________________ Lien claimant ___________________________ Capacity with respect to lien claimant Sworn to before me and subscribed in my presence this ________ day of ____________, _____ ___________________ ____________________________ Notary public This instrument was prepared by ______________________________ whose address is ____________________________________________" (C) A lien claimant shall file the affidavit within one of the following periods: (1) Ninety days after the date on which the lien claimant or the lien claimant's employee last performed labor upon or furnished materials for the aircraft that is subject to the lien, if the lien claimant or the lien claimant's employee is in possession of the aircraft at the time of filing; (2) Ninety days after the date on which the lien claimant or the lien claimant's employee surrendered possession of the aircraft that is subject to the lien; (3) Ninety days after the date by which the owner of an abandoned aircraft that is subject to the lien was required to remove the aircraft from the lien claimant's property in accordance with section 1311.721 of the Revised Code. (D) Any lien claimant who files an affidavit may file a copy of the affidavit in the office of the county recorder in the county in which the labor was performed upon or the materials were furnished for the aircraft or where the aircraft was stored. The lien claimant shall pay to the county recorder the fee for recording an affidavit as determined under section 317.32 of the Revised Code. Last updated January 17, 2025 at 1:43 PM
Ohio Rev. Code § 1302.19 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.19
§ 1302.19. Output, requirements, and exclusive dealings - UCC 2-306
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly (A) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded. (B) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
Ohio Rev. Code § 1315.12 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.12
§ 1315.12. Examination of records and affairs of licensee
Status: in_force

April 6, 2007 House Bill 454 - 126th General Assembly (A) As often as the superintendent of financial institutions considers necessary, the superintendent, or any deputy or examiner appointed or any contractor engaged by the superintendent for that purpose, thoroughly shall examine the records and affairs of each licensee. The examination shall include a review of all of the following: (1) Compliance with law; (2) Safety and soundness; (3) Other matters that the superintendent determines. (B) The superintendent may conduct all aspects of an examination described in division (A) of this section concurrently or may divide the examination into constituent parts and conduct them at various times. (C)(1) The licensee shall bear the expense of the examination. If the superintendent requests, the licensee shall advance to the superintendent the superintendent's estimate of the cost of the examination, with any unconsumed portion to be returned to the licensee. (2) A licensee shall pay the cost of its examination conducted pursuant to this section, or any balance of the cost of its examination in the case of a licensee that advanced the estimated cost of its examination, within fourteen days of receiving an invoice for payment. (D) The superintendent shall preserve the report of each examination conducted pursuant to this section, including related correspondence received and copies of related correspondence sent, for twenty years after the examination date.
Ohio Rev. Code § 1315.15 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.15
§ 1315.15. Notice of charges - cease and desist order
Status: in_force

April 6, 2007 House Bill 454 - 126th General Assembly (A) The superintendent of financial institutions may issue and serve a notice of charges and intent to issue a cease and desist order upon a licensee or other person if, in the opinion of the superintendent, either of the following applies to the licensee or other person: (1) The licensee or other person is engaging, has engaged, or, the superintendent has reasonable cause to believe, is about to engage in an unsafe or unsound practice in conducting the business of transmitting money. (2) The licensee or other person is violating, has violated, or, the superintendent has reasonable cause to believe, is about to violate any of the following: (a) A law or rule; (b) A condition imposed in writing by the superintendent in connection with granting an application or other request by the licensee or other person; (c) A written agreement entered into with the superintendent. (B) The notice of charges and intent to issue a cease and desist order described in division (A) of this section shall include all of the following: (1) A statement of the violation or violations or unsafe or unsound practice or practices alleged; (2) A statement of the facts constituting the violation or violations or unsafe or unsound practice or practices alleged; (3) Notice that the licensee or other person is entitled to a hearing, in accordance with section 1315.17 of the Revised Code, to determine whether a cease and desist order should be issued against the licensee or other person, if the licensee or other person requests the hearing within thirty days of service of the notice; (4) Notice that, if the licensee or other person makes a timely request for a hearing, the licensee or other person may appear at the hearing in person or by attorney or by presenting positions, arguments, and contentions in writing, and at the hearing may present evidence and examine witnesses for and against the licensee or other person. (5) Notice that failure of the licensee or other person to make a timely request for a hearing to determine whether a cease and desist order should be issued or to appear at the hearing, in person, by attorney, or by writing, is consent by the licensee or other person to the issuance of the cease and desist order. (C) The superintendent may issue a cease and desist order against the licensee or other person if any of the following applies: (1) The licensee or other person consents to the issuance of the cease and desist order. (2) Upon the record of the hearing described in division (B) of this section, the superintendent finds that a violation or unsafe or unsound practice has been established. (3) The superintendent determines that the licensee's or other person's books and records are too incomplete or inaccurate to permit the superintendent, through the normal supervisory process, to determine the financial condition of the licensee or other person or the details or purpose of one or more transactions that may have a material effect on the financial condition of the licensee or other person. (4) The superintendent finds that the violation or unsafe or unsound practice alleged in division (B) of this section is likely, prior to completion of the hearing described in that division, to cause any of the following: (a) The licensee's or other person's insolvency; (b) Significant dissipation of the licensee's or other person's earnings or assets; (c) Weakening of the licensee's or other person's condition or other prejudice to the interests of the licensee's or other person's customers. (D) A cease and desist order may require the licensee or other person to cease and desist from each violation or unsafe or unsound practice, to correct or remedy the conditions resulting from each violation or unsafe or unsound practice, and to take affirmative action, including any of the following: (1) Make restitution or provide reimbursement, indemnification, or guarantee against loss, if either of the following applies: (a) The licensee or other person was or will be unjustly enriched in connection with the violation or practice. (b) The violation or practice involved a reckless disregard for the law or any applicable rule or prior order of the superintendent. (2) Restrict the licensee's or other person's growth; (3) Dispose of any loan or asset involved; (4) Rescind agreements or contracts; (5) Employ qualified officers or employees, who may be subject to approval by the superintendent; (6) Take any other action that the superintendent determines appropriate. (E) A cease and desist order issued by the superintendent pursuant to division (C) of this section is effective at the time specified in the order, which shall be as follows: (1) In the case of a cease and desist order issued pursuant to division (C)(2) of this section, not less than thirty days after service of the order upon the licensee or other person; (2) In the case of a cease and desist order issued pursuant to division (C)(1), (3), or (4) of this section, immediately upon service of the order on the licensee or other person. (F) A cease and desist order shall remain effective and enforceable as provided in the order except to the extent it is stayed, modified, terminated, or set aside by action of the superintendent or a reviewing court. If, upon the record of a hearing, the superintendent determines not to issue a cease and desist order, any cease and desist order issued pursuant to division (C)(3) or (4) of this section is terminated. (G) Within ten days after being served a cease and desist order issued pursuant to division (C)(3) or (4) of this section, a licensee or other person may apply to the court of common pleas of the county in which the principal place of business of the licensee or other person is located, or to the court of common pleas of Franklin county, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the cease and desist order pending completion of the hearing to determine whether a cease and desist order should be issued against the licensee or other person pursuant to division (C)(2) of this section, and the court has jurisdiction to issue the injunction.
Ohio Rev. Code § 1305.09 — Ohio Revised Code / Title 13 / Chapter 1305 / § 1305.09
§ 1305.09. Warranties - UCC 5-110
Status: in_force

July 1, 1998 House Bill 338 - 122nd General Assembly (A) If its presentation is honored, the beneficiary warrants: (1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in division (A) of section 1305.08 of the Revised Code; and (2) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit. (B) The warranties in division (A) of this section are in addition to warranties arising under Chapters 1303., 1304., 1307., and 1308. of the Revised Code because of the presentation or transfer of documents covered by any of those chapters.
Ohio Rev. Code § 1311.89 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.89
§ 1311.89. Sale of foreclosed property - alternative dispute resolution
Status: in_force

September 11, 1997 House Bill 158 - 122nd General Assembly (A) All liens claimed under sections 1311.85 to 1311.93 of the Revised Code shall be subject to section 2323.07 of the Revised Code unless the parties agree to proceed pursuant to division (B) of this section. (B) If the broker and owner agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the agreed upon ADR forum. The court shall retain jurisdiction to enter and enforce the award or other result of ADR on all interested parties to the foreclosure.
Ohio Rev. Code § 1321.571 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.571
§ 1321.571. General loan alternative interest rate
Status: in_force

February 11, 1982 House Bill 526 - 114th General Assembly As an alternative to the interest permitted in division (A) of section 1321.57 and in division (B) of section 1321.58 of the Revised Code, a registrant may contract for and receive interest at any rate or rates agreed upon or consented to by the parties to the loan contract or open-end loan agreement, but not exceeding an annual percentage rate of twenty-five per cent. Last updated November 5, 2021 at 3:47 PM
Ohio Rev. Code § 1321.651 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.651
§ 1321.651. Advertising for consumer installment loans
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly All of the following apply to advertising for loans made under sections 1321.62 to 1321.702 of the Revised Code: (A) Every advertisement shall state and clearly indicate the identity of the licensee and shall do so in such a manner that prevents confusion with the name of any other unrelated licensee. Licensees shall be identified by means of trade names, service marks, or business names that are filed with the division of financial institutions and the secretary of state. (B) Advertising shall not be false, misleading, or deceptive. False, misleading, or deceptive advertising includes, but is not limited to, the following: (1) Placing, or causing to be placed, any advertisement indicating that special terms, reduced rates, guaranteed rates, particular rates, or any other special feature of loans is available unless the advertisement clearly states any limitations that apply; (2) Placing, or causing to be placed, any advertisement containing a rate or special fee offer that is not a bona fide available rate or fee. (C) A licensee shall comply with 12 C.F.R. 1026.16, as amended, for open-end loans, or 12 C.F.R. 1026.24, as amended, for closed-end loans. (D) A licensee shall not use loan advertisements that provide only telephone or facsimile numbers or newspaper box addresses and that do not clearly indicate the identity of the licensee. (E) A licensee shall not advertise that loans will be made within a specified time after the loan application is received, unless it is the general practice of the licensee to make loans within the specified time. (F) A licensee shall not advertise special terms, reduced rates, reduced payments, or any other special feature of a loan within a specified limited time, unless the advertisement clearly states any limitations that apply to the offer. (G) A licensee shall not advertise by the use of unqualified superlatives, including, but not limited to, "lowest rates," "lowest costs," "lowest payment plan," or "cheapest loans," or by making offers that cannot be reasonably fulfilled. (H) A licensee shall not advertise the words "new" or "reduced," or words of similar import, in connection with rates, costs, payments, or plans, for more than ninety days after the rates, costs, payments, or plans have become effective. (I) Any licensee specifying in any advertisement charges on loans in dollars shall also state the length of time required to repay the loans as well as the method of repayment, and shall, when the rate of interest is stated, do so in a manner to prevent misunderstanding. (J) Any licensee advertising flat or average payments on loans that include principal and interest shall specify the number and frequency of payments required to repay the loans. Whenever the amounts of periodic payments are advertised, the amounts shall include all interest to the borrower, as well as principal. The principal payments alone may be shown separately provided the interest charges are also clearly stated with equal prominence. (K) A licensee shall not advertise rebates, rates, or charges below the maximum lawful rate of interest that are conditioned upon prompt payment unless the condition is clearly indicated. (L) A licensee shall not advertise either of the following: (1) Waiver of payments in the event of sickness or disability or other contingency, without advertising that the interest and other charges, if assessed, continue during the waiver period; (2) That the first payment on any loan may be made more than thirty days after the date of loan closing, without advertising that the interest and other charges, if assessed, will accrue from the date of disbursement of the loan funds until the first payment is due. (M) A licensee shall not advertise for loans for illegal purposes. (N) A licensee shall not advertise the availability of credit-related insurance without disclosing the charge, if any, for the insurance. (O) Each licensee shall maintain in each licensed office or in a central location a file of all advertising for a period of two years from the date disseminated. This requirement includes newspaper, magazine, direct mailing, and facsimile advertising and solicitations, roadside advertising, internet advertising, and scripts of radio and television commercials. The file shall be readily available for inspection by the division at all times. Each licensee shall notify the division in writing of the location of the file. Each licensee shall, upon the request of the superintendent of financial institutions, provide to the division any printed or electronic advertising it has used regarding any business conducted under sections 1321.62 to 1321.702 of the Revised Code. Last updated November 5, 2021 at 4:16 PM
Ohio Rev. Code § 1301.201 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.201
§ 1301.201. General definitions - UCC 1-201
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly General definitions [UCC 1-201] (A) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code, that apply to particular chapters or sections therein, have the meanings stated. (B) Subject to definitions contained in Chapter 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., or 1310. of the Revised Code, that apply to particular chapters or sections therein: (1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) "Aggrieved party" means a party entitled to pursue a remedy. (3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 1301.303 of the Revised Code. (4) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. (5) "Bearer" means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank. (6) "Bill of lading" means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt. (7) "Branch" includes a separately incorporated foreign branch of a bank. (8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Chapter 1302. of the Revised Code may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (10) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is for decision by the court. Conspicuous terms include the following: (a) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (b) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code as supplemented by any other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. (14) "Defendant" includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) "Delivery" with respect to an electronic document of title means voluntary transfer of control and with respect to an instrument, a tangible document of title, or chattel paper, means voluntary transfer of possession. (16) "Document of title" means a record (i) that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and (ii) that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium. (17) "Fault" means a default, breach, or wrongful act or omission. (18) "Fungible goods" means: (a) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (b) Goods that by agreement are treated as equivalent. (19) "Genuine" means free of forgery or counterfeiting. (20) "Good faith," except as otherwise provided in Chapter 1305. of the Revised Code, means honesty in fact and the observance of reasonable commercial standards of fair dealing. (21) "Holder" means: (a) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; (b) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or (c) The person in control of a negotiable electronic document of title. (22) "Insolvency proceeding" includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved. (23) "Insolvent" means: (a) Having generally ceased to pay debts in the ordinary course of business other than as a result of a bona fide dispute; (b) Being unable to pay debts as they become due; or (c) Being insolvent within the meaning of federal bankruptcy law. (24) "Money" means a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. (25) "Organization" means a person other than an individual. (26) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code. (27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (28) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into. (29) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (30) "Purchaser" means a person that takes by purchase. (31) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (32) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (33) "Representative" means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. (34) "Right" includes remedy. (35) "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. "Security interest" includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Chapter 1309. of the Revised Code. "Security interest" does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under section 1302.42 of the Revised Code, but a buyer may also acquire a "security interest" by complying with Chapter 1309. of the Revised Code. Except as otherwise provided in section 1302.49 of the Revised Code, the right of a seller or lessor of goods under Chapter 1302. or 1310. of the Revised Code to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with Chapter 1309. of the Revised Code. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under section 1302.42 of the Revised Code is limited in effect to a reservation of a "security interest." Whether a transaction in the form of a lease creates a "security interest" is determined pursuant to section 1301.203 of the Revised Code. (36) "Send" in connection with any writing, record, or notice means: (a) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (b) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent. (37) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing. (38) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (39) "Surety" includes a guarantor or any other secondary obligor. (40) "Term" means a portion of an agreement that relates to a particular matter. (41) "Unauthorized signature" means a signature made without actual, implied, or apparent authority. The term includes a forgery. (42) "Warehouse receipt" means a document of title issued by a person engaged in the business of storing goods for hire. (43) "Writing" includes printing, typewriting, or any other intentional reduction to tangible form. "Written" has a corresponding meaning.
Ohio Rev. Code § 1302.02 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.02
§ 1302.02. Scope - certain security and other transactions excluded - UCC 2-102
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Unless the context otherwise requires, sections 1302.01 to 1302.98 , inclusive, of the Revised Code, apply to transactions in goods; they do not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor do sections 1302.01 to 1302.98 , inclusive, of the Revised Code impair or repeal any statute regulating sales to consumers, farmers, or other specified classes of buyers.
Ohio Rev. Code § 1313.44 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.44
§ 1313.44. Liens and securities
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Persons who have performed labor in the service of the assignor within twelve months next preceding an assignment for the benefit of creditors, are entitled to receive out of the trust funds, before the paying of other creditors, the full amount of wages due for such labor not exceeding three hundred dollars. This section and section 1313.43 of the Revised Code do not prejudice or affect securities given, or liens obtained in good faith, for value, but judgments by confession on warrants of attorney rendered within two months prior to such assignment, or securities given within such time to create a preference among creditors, or to secure a pre-existing debt other than upon real property for the purchase money thereof, are of no force or validity as against such claims for labor, in case of assignment, to the extent provided in this section.
Ohio Rev. Code § 1313.26 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.26
§ 1313.26. Compromise or sale of claims
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly With the approval of the probate court an assignee or trustee for the benefit of creditors may compromise or sell any claim or demand, due or owing to the assignor, which is desperate or difficult of collection, and also, with like approval, complete and enforce all sales of the real property made by the assignor.
Ohio Rev. Code § 1307.206 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.206
§ 1307.206. Termination of storage at warehouse's option - UCC 7-206
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Termination of storage at warehouse's option [UCC 7-206] (A) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or, if a period is not fixed, within a stated period not less than thirty days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to section 1307.210 of the Revised Code. (B) If a warehouse in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of its lien within the time prescribed in division (A) of this section and section 1307.210 of the Revised Code, the warehouse may specify in the notice given under division (A) of this section any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than one week after a single advertisement or posting. (C) If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition. (D) A warehouse shall deliver the goods to any person entitled to them under sections 1307.101 to 1307.603 of the Revised Code upon due demand made at any time before sale or other disposition under this section. (E) A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to which the warehouse would have been bound to deliver the goods.
Ohio Rev. Code § 1309.609 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.609
§ 1309.609. Secured party's right to take possession after default - UCC 9-609
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code. (B) A secured party may act under division (A) of this section: (1) Pursuant to judicial process; or (2) Without judicial process if it acts without breach of the peace. (C) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place that is designated by the secured party and that is reasonably convenient to both parties.
Ohio Rev. Code § 1321.77 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.77
§ 1321.77. Insurance premium finance company rules
Status: in_force

September 26, 1996 Senate Bill 293 - 121st General Assembly The division of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, rules that are necessary for the enforcement of sections 1321.71 to 1321.83 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 division 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 5:05 PM
Ohio Rev. Code § 1334.02 — Ohio Revised Code / Title 13 / Chapter 1334 / § 1334.02
§ 1334.02. Written disclosure document
Status: in_force

September 10, 1991 House Bill 151 - 119th General Assembly In connection with the sale or lease of a business opportunity plan, no seller or broker shall fail to provide to a prospective purchaser, at least ten business days prior to the execution of an agreement selling or leasing a business opportunity plan, a written disclosure document. (A) The disclosure document shall carry a cover sheet showing only the name of the seller, the date the disclosure statement was prepared, and the following notice in at least sixteen-point boldface type: "READ THIS CAREFULLY The state of Ohio has not reviewed and does not approve, recommend, endorse, or sponsor this or any other business opportunity plan. If you have any questions about this plan, the information contained in this disclosure document should be reviewed with an attorney or financial advisor before you sign any agreement." (B) Immediately after, on a sheet which shall immediately follow the cover sheet, the disclosure document shall be captioned in at least sixteen-point boldface type "disclosures required by Ohio law" and contain at least the following information: (1) A statement disclosing: (a) The name, address, and principal place of business of the seller and the parent firm or holding company of the seller, if any. (b) The name under which the seller is doing or intends to do business. (c) The trademark, trade name, service mark, advertising, or other commercial symbol, if any, under which the prospective purchaser will be operating, or which identifies the goods or services to be offered, sold, or distributed by the purchaser. (d) All initial payments or a promissory note which must be made by the purchaser to any person in order to begin operation of the business opportunity plan, including, but not limited to, fees, deposits, down payments, prepaid rent, and equipment or inventory purchases. (e) The conditions under which all or part of any initial payment is refundable or a promissory note is returnable, and if the initial payment is not refundable, that fact shall be clearly disclosed. (f) The nature of the business opportunity plan offered by the seller, including, but not limited to, a full description of the services, training, and assistance to be provided by the seller. (g) All material terms and conditions of any financing arrangement offered by the seller or an affiliated person to the purchaser, and a statement indicating whether the seller will receive any payments from any person for arranging such financing. (h) The precise nature and all material terms of any buy-back or security arrangement if the seller represents that there is a buy-back arrangement or that the purchaser's initial payment or promissory note is secured in any manner. (i) The length of time the seller has: (i) Offered business opportunity plans; (ii) Offered the specific business opportunity plan which is offered to the purchaser. (j) The number of business opportunity plans sold or leased by the seller, involving the goods or services offered to the purchaser, which: (i) Were operating in this state at the end of the previous year; (ii) Were operating in all other states at the end of the previous year. (k) Whether the purchaser is limited in the goods or services that may be offered for sale or distribution, the persons to whom such goods or services may be sold or distributed, and whether the purchaser is to be provided an exclusive or protected geographical territory in which the goods or services may be sold or distributed. (l) Whether and under what conditions the purchaser may transfer the business opportunity plan or any interest in it, and the amount of consideration, if any, which the purchaser must pay to the seller for the transfer. (m) The conditions under which the business opportunity plan may be terminated or renewed, and whether the business opportunity plan may be repurchased at the seller's option. (n) The number of business opportunity plans, involving the goods or services offered to the purchaser, which were terminated, refused renewal, or repurchased by the seller during the previous year. (o) The conditions under which the business opportunity plan may be terminated by the purchaser and the number of business opportunity plans voluntarily terminated by other purchasers during the previous year. (p) Either of the following disclosures, if the seller is required to secure a bond or establish a trust account pursuant to division (H) of section 1334.03 of the Revised Code: (i) "The seller has secured a bond issued by (enter name and address of company), a company admitted to do business in this state. Before signing an agreement you should check with this company to determine the current status of the bond." (ii) "The seller has established a trust account with (enter name and address of trustee). Before signing an agreement you should check with the trustee to determine the current status of the trust account." (2) A listing of: (a) The name and address of each affiliated person with whom the purchaser is required or advised to do business. (b) The name and office held by each of the seller's officers, directors, trustees, and general or limited partners, if any, and the name and position of any additional individuals who have management responsibilities in connection with the activities of the seller. (c) Whether or not the seller or any other person required to be listed by divisions (B)(2)(a) and (b) of this section: (i) Has been convicted or pleaded nolo contendere in a criminal action involving allegations of fraud, embezzlement, fraudulent conversion, misappropriation of property, violation of a franchise law or law prohibiting unfair or deceptive practices, during the previous seven years; (ii) Has been held liable in a civil action, resulting in a final judgment, involving allegations of fraud, embezzlement, fraudulent conversion, misappropriation of property, violation of a franchise law or law prohibiting unfair or deceptive practices, during the previous seven years; (iii) Is currently subject to an injunction or restrictive order, of any court or state or federal agency, relating to or affecting the sale or lease of business opportunity plans or the terms of any agreement between the seller and a purchaser; (iv) Has filed a petition in bankruptcy, been adjudged a bankrupt, or has been an officer or director of a business entity that has filed a petition in bankruptcy or been adjudged a bankrupt in the last seven years; (d) The identity and location of each court or agency, the date of conviction, judgment, or decision, the penalty imposed, the damages assessed, and the terms of any order against a person required to be identified by division (B)(2)(c) of this section. (e) The name and address of each business opportunity plan, sold or leased by the seller, which is located in this state. (3) The following attachments: (a) A copy of the seller's financial statement, not more than twelve months old, together with a statement of any material changes in the financial condition of the seller since the date of the statement. The financial statement shall either be audited or be accompanied by a sworn statement signed by one of the seller's officers, directors, trustees, or general or limited partners, attesting to the truthfulness and accuracy of the financial statement to the best of the signatory's knowledge and belief. (b) An unexecuted copy of the entire agreement selling or leasing the business opportunity plan.
Ohio Rev. Code § 1310.25 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.25
§ 1310.25. Insurance and proceeds - UCC 2A-218
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) A lessee obtains an insurable interest when existing goods are identified to the lease contract, even though the goods identified are nonconforming, and the lessee has an option to reject them. (B) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified. (C) Notwithstanding a lessee's insurable interest under divisions (A) and (B) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee. (D) Nothing in this section impairs any insurable interest recognized under any other section of the Revised Code, statute, or rule of law. (E) The parties may determine by agreement that one or more parties have an obligation to obtain and pay for insurance covering the goods and may determine by agreement the beneficiary of the proceeds of the insurance.
Ohio Rev. Code § 1307.507 — Ohio Revised Code / Title 13 / Chapter 1307 / § 1307.507
§ 1307.507. Warranties on negotiation or delivery of document of title - UCC 7-507
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Warranties on negotiation or delivery of document of title [UCC 7-507] If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under section 1307.508 of the Revised Code, unless otherwise agreed, the transferor, in addition to any warranty made in selling or leasing the goods, warrants to its immediate purchaser only that: (A) The document is genuine; (B) The transferor does not have knowledge of any fact that would impair the document's validity or worth; and (C) The negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
Ohio Rev. Code § 1315.101 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.101
§ 1315.101. Approval of application for control acquisition
Status: in_force

October 9, 2021 House Bill 263 - 133rd General Assembly (A) After accepting an application to acquire control of a licensee described in section 1315.10 of the Revised Code, the superintendent of financial institutions shall examine all of the facts and circumstances relating to the application. (B) The superintendent shall approve the application described in division (A) of this section if the superintendent determines both of the following: (1) The competence and experience of the applicant or applicants seeking to acquire control of a licensee and the applicant's or applicants' general fitness to operate the licensee or person in control of the licensee in a lawful and proper manner are acceptable. (2) The interests of the public are not jeopardized by the change of control. Last updated October 9, 2021 at 5:19 AM
Ohio Rev. Code § 1306.03 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.03
§ 1306.03. Prospective application of chapter
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly Sections 1306.01 to 1306.23 of the Revised Code apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of sections 1306.01 to 1306.23 of the Revised Code.
Ohio Rev. Code § 1304.05 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.05
§ 1304.05. Payable through or payable at bank - UCC 4-106
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) If an item states that it is "payable through" a bank identified in the item, both of the following apply: (1) The item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item. (2) The item may be presented for payment only by or through the bank. (B) If an item states that it is "payable at" a bank identified in the item, the item is equivalent to a draft drawn on the bank.
Ohio Rev. Code § 1303.09 — Ohio Revised Code / Title 13 / Chapter 1303 / § 1303.09
§ 1303.09. Place of payment - UCC 3-111
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly Except as otherwise provided in this chapter or Chapter 1304. of the Revised Code, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated in an instrument, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address of the drawee or maker is stated in an instrument, the place of payment is the place of business of the drawee or maker. If a drawee or maker of an instrument has more than one place of business, the place of payment for the instrument is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker of an instrument has no place of business, the place of payment for the instrument is the residence of the drawee or maker of an instrument.
Ohio Rev. Code § 1321.46 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.46
§ 1321.46. Verification of borrower's income before making short-term loan
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly (A) Before initiating a short-term loan transaction with a borrower, a licensee shall make a reasonable attempt to verify the borrower's income for purposes of division (B)(2) of section 1321.39 and section 1321.391 of the Revised Code. At a minimum, the licensee shall obtain from the borrower one or more recent pay stubs or other written evidence of recurring income, such as a bank statement. The written evidence shall include at least one document that, when presented to the licensee, is dated not earlier than forty-five days prior to the borrower's initiation of the short-term loan transaction. If the borrower intends to provide a bank statement, the licensee shall permit the borrower to delete from the statement the information regarding to whom the debits listed on the statement are payable. (B) The superintendent of financial institutions may adopt rules under section 1321.43 of the Revised Code that set forth any other procedures the superintendent considers necessary to ensure accurate verification of borrower income. Last updated November 4, 2021 at 4:44 PM
Ohio Rev. Code § 1321.35 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.35
§ 1321.35. Short-term Loan Law definitions
Status: in_force

October 29, 2018 House Bill 123 - 132nd General Assembly As used in sections 1321.35 to 1321.48 of the Revised Code: (A) "Short-term loan" means a loan made pursuant to sections 1321.35 to 1321.48 of the Revised Code. (B) "Superintendent of financial institutions" includes the deputy superintendent for consumer finance as provided in section 1181.21 of the Revised Code. (C) "Interest" means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, renewal charges, and any ancillary product sold in connection with a short-term loan, but does not include the monthly maintenance fees, the loan origination charge, the check collection charge, or the check cashing fee authorized under section 1321.40 of the Revised Code. (D) "Annual percentage rate" has the same meaning as in the "Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as implemented by regulations of the consumer financial protection bureau. All fees and charges, including interest and the loan origination charge and monthly maintenance fees authorized under section 1321.40 of the Revised Code, shall be included in the computation of the annual percentage rate. (E) "Licensee" means a person licensed to make short-term loans under sections 1321.35 to 1321.48 of the Revised Code. Last updated November 4, 2021 at 3:56 PM
Ohio Rev. Code § 1334.14 — Ohio Revised Code / Title 13 / Chapter 1334 / § 1334.14
§ 1334.14. Burden of proof
Status: in_force

October 25, 1979 Senate Bill 37 - 113th General Assembly In any case arising under section 1334.08 or 1334.09 of the Revised Code, the burden of proving an exemption or exception from section 1334.12 or 1334.13 of the Revised Code is upon the person who claims the exemption or exception.
Ohio Rev. Code § 1321.56 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.56
§ 1321.56. Forfeiting general loan interest for interest rate violation
Status: in_force

June 13, 1996 Senate Bill 189 - 121st General Assembly Any person who willfully violates section 1321.57 of the Revised Code shall forfeit to the borrower the amount of interest paid by the borrower. The maximum rate of interest applicable to any loan transaction that does not comply with section 1321.57 of the Revised Code shall be the rate that would be applicable in the absence of sections 1321.51 to 1321.60 of the Revised Code. Last updated November 5, 2021 at 3:46 PM
Ohio Rev. Code § 1311.09 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.09
§ 1311.09. Lien when contracting person has no title to land improved
Status: in_force

April 10, 1991 House Bill 238 - 118th General Assembly Any person performing labor or work or furnishing material for the erection of a new building or structure upon land to which the person contracting for the erection has no legal title or to which the title is defective, has a lien therefor upon the building or structure, and the forfeiture or surrender of any title, claim of title, or equitable interest by the contracting person to the land does not defeat the lien upon the building or structures of the person performing labor or work or furnishing material. In case the property covered by a lien is held by the vendee in a land contract or by a lessee, and he surrenders or forfeits his rights thereunder, the person holding the liens may be subrogated to the rights of the vendee or lessee, as his rights existed immediately before the surrender or forfeiture, by performing the covenants contained in the contract or lease within thirty days after the lien claimant has actual notice of the forfeiture. Any lien claimant may pay off any prior recorded lien, encumbrance, or mortgage and then is subrogated to all the rights of the prior holder of the lien, encumbrance, or mortgage.
Ohio Rev. Code § 1309.319 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.319
§ 1309.319. Rights and title of consignee with respect to creditors and purchasers - UCC 9-319
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in division (B) of this section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. (B) For purposes of determining the rights of a creditor of a consignee, law other than this chapter determines the rights and title of a consignee while goods are in the consignee's possession if, under sections 1309.301 to 1309.342 of the Revised Code, a perfected security interest held by the consignor would have priority over the rights of the creditor.
Ohio Rev. Code § 1329.50 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.50
§ 1329.50. Possession by junk or secondhand dealer as presumptive evidence of violation
Status: in_force

October 1, 1954 Senate Bill 262 - 100th General Assembly The possession by any junk dealer or dealer in second-hand articles or supplies, without the written consent of the person who filed hereunder or his assignee, of any articles or supplies upon which a name, mark or device has been produced shall be presumptive evidence of a violation of sections 1329.41 to 1329.53 , inclusive, of the Revised Code.
Ohio Rev. Code § 1302.75 — Ohio Revised Code / Title 13 / Chapter 1302 / § 1302.75
§ 1302.75. Remedies for breach of collateral contracts not impaired - UCC 2-701
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of sections 1302.01 to 1302.98 , inclusive, of the Revised Code.
Ohio Rev. Code § 1337.17 — Ohio Revised Code / Title 13 / Chapter 1337 / § 1337.17
§ 1337.17. Printed form - durable power of attorney for health care
Status: in_force

April 6, 2017 House Bill 451 - 131st General Assembly A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of such a printed form, a principal may authorize an attorney in fact to make health care decisions on the principal's behalf, but the printed form shall not be used as an instrument for granting authority for any other decisions. Any printed form that is sold or otherwise distributed in this state for the purpose described in this section shall include the following notice: "Notice to Adult Executing This Document This is an important legal document. Before executing this document, you should know these facts: This document gives the person you designate (the attorney in fact) the power to make most* health care decisions for you if you lose the capacity to make informed health care decisions for yourself. This power is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself and, notwithstanding this document, as long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions for yourself. You may include specific limitations in this document on the authority of the attorney in fact to make health care decisions for you. Subject to any specific limitations you include in this document, if your attending physician determines that you have lost the capacity to make an informed decision on a health care matter, the attorney in fact generally* will be authorized by this document to make health care decisions for you to the same extent as you could make those decisions yourself, if you had the capacity to do so. The authority of the attorney in fact to make health care decisions for you generally* will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition. However*, even if the attorney in fact has general authority to make health care decisions for you under this document, the attorney in fact never* will be authorized to do any of the following: (1) Refuse or withdraw informed consent to life-sustaining treatment (unless your attending physician and one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that either of the following applies: (a) You are suffering from an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which (i) there can be no recovery and (ii) your death is likely to occur within a relatively short time if life-sustaining treatment is not administered, and your attending physician additionally determines, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that there is no reasonable possibility that you will regain the capacity to make informed health care decisions for yourself. (b) You are in a state of permanent unconsciousness that is characterized by you being irreversibly unaware of yourself and your environment and by a total loss of cerebral cortical functioning, resulting in you having no capacity to experience pain or suffering, and your attending physician additionally determines, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that there is no reasonable possibility that you will regain the capacity to make informed health care decisions for yourself); (2) Refuse or withdraw informed consent to health care necessary to provide you with comfort care (except that, if the attorney in fact is not prohibited from doing so under (4) below, the attorney in fact could refuse or withdraw informed consent to the provision of nutrition or hydration to you as described under (4) below). (You should understand that comfort care is defined in Ohio law to mean artificially or technologically administered sustenance (nutrition) or fluids (hydration) when administered to diminish your pain or discomfort, not to postpone your death, and any other medical or nursing procedure, treatment, intervention, or other measure that would be taken to diminish your pain or discomfort, not to postpone your death. Consequently, if your attending physician were to determine that a previously described medical or nursing procedure, treatment, intervention, or other measure will not or no longer will serve to provide comfort to you or alleviate your pain, then, subject to (4) below, your attorney in fact would be authorized to refuse or withdraw informed consent to the procedure, treatment, intervention, or other measure.*); (3) Refuse or withdraw informed consent to health care for you if you are pregnant and if the refusal or withdrawal would terminate the pregnancy (unless the pregnancy or health care would pose a substantial risk to your life, or unless your attending physician and at least one other physician who examines you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that the fetus would not be born alive); (4) Refuse or withdraw informed consent to the provision of artificially or technologically administered sustenance (nutrition) or fluids (hydration) to you, unless: (a) You are in a terminal condition or in a permanently unconscious state. (b) Your attending physician and at least one other physician who has examined you determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that nutrition or hydration will not or no longer will serve to provide comfort to you or alleviate your pain. (c) If, but only if, you are in a permanently unconscious state, you authorize the attorney in fact to refuse or withdraw informed consent to the provision of nutrition or hydration to you by doing both of the following in this document: (i) Including a statement in capital letters or other conspicuous type, including, but not limited to, a different font, bigger type, or boldface type, that the attorney in fact may refuse or withdraw informed consent to the provision of nutrition or hydration to you if you are in a permanently unconscious state and if the determination that nutrition or hydration will not or no longer will serve to provide comfort to you or alleviate your pain is made, or checking or otherwise marking a box or line (if any) that is adjacent to a similar statement on this document; (ii) Placing your initials or signature underneath or adjacent to the statement, check, or other mark previously described. (d) Your attending physician determines, in good faith, that you authorized the attorney in fact to refuse or withdraw informed consent to the provision of nutrition or hydration to you if you are in a permanently unconscious state by complying with the requirements of (4)(c)(i) and (ii) above. (5) Withdraw informed consent to any health care to which you previously consented, unless a change in your physical condition has significantly decreased the benefit of that health care to you, or unless the health care is not, or is no longer, significantly effective in achieving the purposes for which you consented to its use ; (6) Provide, refuse, or withdraw informed consent to life-sustaining treatment, or the provision of artificially or technologically administered sustenance (nutrition) or fluids (hydration) to you, if the attorney in fact is subject to a temporary protection order, civil protection order, or any other protection order in this state or another state in which you are the alleged victim. Additionally, when exercising authority to make health care decisions for you, the attorney in fact will have to act consistently with your desires or, if your desires are unknown, to act in your best interest. You may express your desires to the attorney in fact by including them in this document or by making them known to the attorney in fact in another manner. When acting pursuant to this document, the attorney in fact generally* will have the same rights that you have to receive information about proposed health care, to review health care records, and to consent to the disclosure of health care records. You can limit that right in this document if you so choose. Generally, you may designate any competent adult as the attorney in fact under this document. However, you cannot* designate your attending physician or the administrator of any nursing home in which you are receiving care as the attorney in fact under this document. Additionally, you cannot* designate an employee or agent of your attending physician, or an employee or agent of a health care facility at which you are being treated, as the attorney in fact under this document, unless either type of employee or agent is a competent adult and related to you by blood, marriage, or adoption, or unless either type of employee or agent is a competent adult and you and the employee or agent are members of the same religious order. This document has no expiration date under Ohio law, but you may choose to specify a date upon which your durable power of attorney for health care generally will expire. However, if you specify an expiration date and then lack the capacity to make informed health care decisions for yourself on that date, the document and the power it grants to your attorney in fact will continue in effect until you regain the capacity to make informed health care decisions for yourself. You have the right to revoke the designation of the attorney in fact and the right to revoke this entire document at any time and in any manner. Any such revocation generally will be effective when you express your intention to make the revocation. However, if you made your attending physician aware of this document, any such revocation will be effective only when you communicate it to your attending physician, or when a witness to the revocation or other health care personnel to whom the revocation is communicated by such a witness communicate it to your attending physician. If you execute this document and create a valid durable power of attorney for health care with it, it will revoke any prior, valid durable power of attorney for health care that you created, unless you indicate otherwise in this document. This document is not valid as a durable power of attorney for health care unless it is acknowledged before a notary public or is signed by at least two adult witnesses who are present when you sign or acknowledge your signature. No person who is related to you by blood, marriage, or adoption may be a witness. The attorney in fact, your attending physician, and the administrator of any nursing home in which you are receiving care also are ineligible to be witnesses. If there is anything in this document that you do not understand, you should ask your lawyer to explain it to you." In the preceding notice, the single words, and the two sentences in the second set of parentheses in paragraph (2), followed by an asterisk and all of paragraph (4) shall appear in the printed form in capital letters or other conspicuous type, including, but not limited to, a different font, bigger type, or boldface type.
Ohio Rev. Code § 1301.101 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.101
§ 1301.101. Short titles - UCC 1-101
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Short titles [UCC 1-101] (A) Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code may be cited as the Uniform Commercial Code. (B) Sections 1301.101 to 1301.310 of the Revised Code may be cited as Uniform Commercial Code - General Provisions. (C) This chapter uses the numbering system of the national conference of commissioners on uniform state laws. The digits to the right of the decimal point are sequential and not supplemental to any preceding Revised Code section.
Ohio Rev. Code § 1349.26 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.26
§ 1349.26. Disclosures of creditor concerning covered loans
Status: in_force

May 24, 2002 House Bill 386 - 124th General Assembly (A) A creditor shall provide, for each covered loan, both of the following disclosures. The disclosures shall be in conspicuous type size and be in substantially the following form: (1) "You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application." (2) "If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan." (B) In addition to the disclosures required under division (A) of this section, a creditor shall disclose, for each covered loan, either of the following: (1) In the case of a credit transaction with a fixed rate of interest, the annual percentage rate, the amount of the regular monthly payment, and the amount of any balloon payment; (2) In the case of any other credit transaction, the annual percentage rate of the loan, the amount of the regular monthly payment, a statement that the interest rate and monthly payment may increase, and the amount of the maximum monthly payment, based on the maximum interest rate allowed pursuant to 12 U.S.C.A. 3806. (C) With respect to any mortgage that is refinanced on or after October 1, 2002, the creditor shall also disclose the total amount the consumer will borrow, as reflected by the face amount of the note. If the amount borrowed includes premiums or other charges for optional credit insurance or debt-cancellation coverage, that fact shall be stated, grouped together with the disclosure of the amount borrowed. The disclosure of the amount borrowed shall be treated as accurate if it is not more than one hundred dollars above or below the amount required to be disclosed. (D)(1) Subject to division (D)(2) of this section, each creditor shall provide the disclosures required under this section not less than three business days prior to consummation of the transaction. After providing those disclosures, a creditor shall not change the terms of the extension of credit if such changes make the disclosures inaccurate, unless new disclosures are provided in accordance with this section. A creditor may provide such new disclosures by telephone, if both of the following requirements are met: (a) The change is initiated by the consumer. (b) At the consummation of the loan transaction, the creditor provides to the consumer the new disclosures in writing and the creditor and consumer certify in writing that, not later than three days prior to the date of consummation of the transaction, the new disclosures were provided by telephone. (2) A consumer may, after receiving the disclosures required under this section, modify or waive the three-day waiting period between delivery of those disclosures and consummation of the loan transaction, if the consumer determines that the extension of credit is needed to meet a bona fide personal financial emergency. To modify or waive the right, the consumer shall give the creditor a dated written statement that describes the emergency, specifically modifies or waives the waiting period, and bears the signature of all of the consumers entitled to the waiting period. (E) Compliance with sections 226.31 (c)(1) and 226.32 (c) of Title 12 of the Code of Federal Regulations, as amended, shall be deemed compliance with this section.
Ohio Rev. Code § 1329.65 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.65
§ 1329.65. Civil action for unauthorized use or reproduction
Status: in_force

October 20, 1978 House Bill 297 - 112th General Assembly Except as provided in section 1329.67 of the Revised Code, any person who: (A) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under sections 1329.54 to 1329.67 of the Revised Code, in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; (B) Reproduces, counterfeits, copies, or colorably imitates any such trademark or service mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services; shall be liable to a civil action by the owner of such registered trademark or service mark for any or all of the remedies provided in section 1329.66 of the Revised Code, except under this division the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the trademark or service mark is intended to cause confusion or mistake or to deceive.
Ohio Rev. Code § 1306.17 — Ohio Revised Code / Title 13 / Chapter 1306 / § 1306.17
§ 1306.17. Commercial reasonableness of security procedure
Status: in_force

September 14, 2000 House Bill 488 - 123rd General Assembly (A) This section and section 1306.18 of the Revised Code apply to the attribution of electronic records and electronic signatures among parties that are not state agencies. (B) For purposes of this section and section 1306.18 of the Revised Code, the commercial reasonableness of a security procedure is to be determined by a court. In making this determination, both of the following apply: (1) A security procedure established by statute or regulation is effective for transactions covered by the statute or regulation. (2) Except as otherwise provided in division (B)(1) of this section, the commercial reasonableness and effectiveness is to be determined in light of the purposes of the security procedure and the commercial circumstances at the time the parties agree to or adopt the procedure. (C) As used in this section, "state agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
Ohio Rev. Code § 1310.20 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.20
§ 1310.20. Implied warranty of fitness for particular purpose - UCC 2A-213
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
Ohio Rev. Code § 1347.10 — Ohio Revised Code / Title 13 / Chapter 1347 / § 1347.10
§ 1347.10. Wrongful disclosure
Status: in_force

January 23, 1981 House Bill 799 - 113th General Assembly (A) A person who is harmed by the use of personal information that relates to him and that is maintained in a personal information system may recover damages in a civil action from any person who directly and proximately caused the harm by doing any of the following: (1) Intentionally maintaining personal information that he knows, or has reason to know, is inaccurate, irrelevant, no longer timely, or incomplete and may result in such harm; (2) Intentionally using or disclosing the personal information in a manner prohibited by law; (3) Intentionally supplying personal information for storage in, or using or disclosing personal information maintained in, a personal information system, that he knows, or has reason to know, is false; (4) Intentionally denying to the person the right to inspect and dispute the personal information at a time when inspection or correction might have prevented the harm. An action under this division shall be brought within two years after the cause of action accrued or within six months after the wrongdoing is discovered, whichever is later; provided that no action shall be brought later than six years after the cause of action accrued. The cause of action accrues at the time that the wrongdoing occurs. (B) Any person who, or any state or local agency that, violates or proposes to violate any provision of this chapter may be enjoined by any court of competent jurisdiction. The court may issue an order or enter a judgment that is necessary to ensure compliance with the applicable provisions of this chapter or to prevent the use of any practice that violates this chapter. An action for an injunction may be prosecuted by the person who is the subject of the violation, by the attorney general, or by any prosecuting attorney.
Ohio Rev. Code § 1317.10 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.10
§ 1317.10. Prior agreement is not a waiver
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly No agreement of any retail buyer made prior to or concurrent with the execution of any retail installment contract is a waiver of sections 1317.01 to 1317.11 , inclusive, of the Revised Code.
Ohio Rev. Code § 1345.45 — Ohio Revised Code / Title 13 / Chapter 1345 / § 1345.45
§ 1345.45. Retaining notice of cancellation
Status: in_force

July 26, 1984 House Bill 198 - 115th General Assembly If a buyer cancels a prepaid entertainment contract pursuant to sections 1345.41 to 1345.50 of the Revised Code, the seller shall retain for the period in which an action to enforce the contract could be commenced, the notice of cancellation made pursuant to section 1345.43 of the Revised Code. If the date of delivery is not indicated or recorded on the notice of cancellation, the seller shall record the date of delivery on the notice of cancellation.
Ohio Rev. Code § 1331.13 — Ohio Revised Code / Title 13 / Chapter 1331 / § 1331.13
§ 1331.13. Witnesses are not excused from testifying
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If a court of record, or a judge thereof in vacation, in which is pending a civil or criminal action or proceeding brought or prosecuted by the attorney general or a prosecuting attorney for the violation of sections 1331.01 to 1331.14 , inclusive, of the Revised Code, or an action or proceeding for a violation of a law, common or statute, against a conspiracy or combination in restraint of trade, so orders, no person shall be excused from attending, testifying, or producing books, papers, schedules, contracts, agreements, or other documents in obedience to the subpoena or order of such court or a commissioner, referee, or master appointed by such court to take testimony, or a notary public or other person authorized to take depositions, when the order made by such court or judge includes a witness whose deposition is being taken before such notary public or other officer, for the reason that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty. No person shall be prosecuted or subjected to a penalty for or on account of a transaction, matter, or thing concerning which he may so testify or produce evidence, documentary or otherwise, before such court, person, or officer.
Ohio Rev. Code § 1309.514 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.514
§ 1309.514. Assignment of powers of secured party of record - UCC 9-514
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in division (C) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. (B) Except as provided in division (C) of this section, a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement that: (1) Identifies, by its file number, the initial financing statement to which it relates; (2) Provides the name of the assignor; and (3) Provides the name and mailing address of the assignee. (C) An assignment of record of a security interest in a fixture covered by a record of a mortgage that is effective as a financing statement filed as a fixture filing under division (C) of section 1309.502 of the Revised Code may be made only by an assignment of record of the mortgage in the manner provided by the laws of this state other than those contained in Chapters 1301. to 1305. and 1307. to 1310. of the Revised Code.
Ohio Rev. Code § 1331.99 — Ohio Revised Code / Title 13 / Chapter 1331 / § 1331.99
§ 1331.99. Violation; penalty
Status: in_force

April 6, 2017 Senate Bill 227 - 131st General Assembly (A) (1) Whoever violates section 1331.04 of the Revised Code is guilty of conspiracy against trade. Except as provided in division (A)(2) of this section, a conspiracy against trade is a felony of the fifth degree. (2) If any of the following conditions apply, the conspiracy against trade is a felony of the fourth degree: (a) The amount of the contract or the amount of the sale of commodities or services involved is seven thousand five hundred dollars or more. (b) The conspiracy against trade relates to a contract with or the sale of commodities or services to or from a local, state, or federal governmental entity. (c) The contract or sale of commodities or services involves, in whole or in part, funding to or from a local, state, or federal governmental entity. (B) Whoever violates section 1331.02 of the Revised Code is guilty of a felony of the fifth degree. (C) Whoever violates division (L) of section 1331.16 of the Revised Code is guilty of a misdemeanor of the first degree. (D) Whoever violates section 1331.15 of the Revised Code is guilty of a misdemeanor of the second degree. Disclaimer Contact About
Ohio Rev. Code § 1309.407 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.407
§ 1309.407. Restriction on creation or enforcement of security interest in leasehold interest or in lessor's residual interest - UCC 9-407
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) Except as otherwise provided in division (B) of this section, a term in a lease agreement is not effective to the extent that it: (1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the goods; or (2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease. (B) Except as otherwise provided in division (G) of section 1310.31 of the Revised Code, a term in a lease agreement described in division (A)(2) of this section is effective to the extent that there is: (1) A transfer by the lessee of the lessee's right of possession or use of the goods in violation of the term; or (2) A delegation of a material performance of either party to the lease contract in violation of the term. (C) The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the lessee's prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the scope of division (D) of section 1310.31 of the Revised Code unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor.
Ohio Rev. Code § 1308.57 — Ohio Revised Code / Title 13 / Chapter 1308 / § 1308.57
§ 1308.57. Duty of securities intermediary to comply with entitlement holder - UCC 8-507
Status: in_force

January 1, 1998 House Bill 170 - 122nd General Assembly (A) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if: (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. (B) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages.
Ohio Rev. Code § 1321.667 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.667
§ 1321.667. Reimbursement of licensee for costs associated with providing consumer installment loan records
Status: in_force

September 12, 2017 Senate Bill 24 - 132nd General Assembly (A) Except as otherwise provided in section 9.02 of the Revised Code, any party, including a governmental authority, that requires or requests a licensee to assemble or provide a customer's financial records shall pay the licensee for all actual and necessary costs directly incurred in searching for, reproducing, or transporting those records according to the following schedule: (1) Reimbursement of search and processing costs shall be the total amount of personnel direct time incurred in locating and retrieving, reproducing, packaging, and preparing financial records for shipment. The rate for search and processing costs shall be eleven dollars per hour per person, computed on the basis of two dollars and seventy-five cents per quarter hour or fraction thereof, and shall be limited to the total amount of personnel time spent in locating and retrieving documents or information or reproducing or packaging and preparing documents for shipment where required or requested by a party. Specific salaries of such persons shall not be included in search costs. In addition, search and processing costs shall not include salaries, fees, or similar costs for analysis of material or for managerial or legal advice, expertise, research, or time spent for any of these activities. If itemized separately, search and processing costs may include the actual cost of extracting information stored by computer in the format in which it is normally produced, based on computer time and necessary supplies; however, personnel time for computer search may be paid for only at the rate specified in division (A)(1) of this section. (2) Reimbursement for reproduction costs shall be for costs incurred in making copies of documents required or requested. The rate for reproduction costs for making copies of required or requested documents shall be twenty-five cents for each page, including copies produced by reader or printer reproduction processes. Photographs, films, and other materials shall be reimbursed at actual cost. (3) Reimbursement for transportation costs shall be for necessary costs, directly incurred, to transport personnel to locate and retrieve the information required or requested and for necessary costs, directly incurred, solely by the need to convey the required or requested material to the place of examination. (B) A licensee shall not be entitled to reimbursement for costs incurred in assembling or providing the following records or information: (1) Any financial records provided as an incident to perfecting a security interest, proving a claim in bankruptcy, or otherwise collecting on a debt owing to the licensee; (2) Financial records that are not identified with or identifiable as being derived from the financial records of a particular customer. (C) Payment shall be made only for costs that are directly incurred, actual, and necessary. No payment shall be made until the licensee satisfactorily complies with the request or requirement, except that in the case where the request or requirement is withdrawn or revoked, the licensee shall be reimbursed for the actual and necessary costs directly incurred in assembling financial records required or requested to be produced prior to the time the party notifies the licensee that the request or requirement is withdrawn or revoked. No payment shall be made unless the licensee submits an itemized bill or invoice showing specific details concerning search and processing, reproduction, and transportation costs. Search and processing time shall be billed in fifteen-minute increments. (D) As used in this section: (1) "Costs directly incurred" means costs incurred solely and necessarily as a consequence of searching for, reproducing, or transporting books, papers, records, or other data, in order to comply with a request or requirement to produce a customer's financial records. The term does not include any allocation of fixed costs, such as overhead, equipment, and depreciation. If a licensee has financial records that are stored at an independent storage facility that charges a fee to search for, reproduce, or transport particular records requested, these costs shall be considered to be directly incurred by the licensee. (2) "Customer," "financial record," and "governmental authority" have the same meanings as in section 9.02 of the Revised Code. Last updated November 5, 2021 at 4:27 PM
Ohio Rev. Code § 1313.11 — Ohio Revised Code / Title 13 / Chapter 1313 / § 1313.11
§ 1313.11. Trustee to give bond
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When the probate court appoints a trustee for the benefit of creditors, whether in place of an assignee or of a trustee previously appointed, such trustee, within ten days after his appointment, shall give bond or, failing to do so, he may be considered as declining the appointment, and the place shall be filled. When a trustee has given bond, he succeeds to all the rights, powers, and privileges of the preceding assignee or trustee. The court may make and enforce all orders necessary to put him into possession of all property, moneys, books, papers, evidences of title, and other effects covered by the assignment, or in any way belonging to the trust. By suit in the court of common pleas, or otherwise, such trustee may compel the delivery to him of all such property, moneys, books, papers, evidences of title, and other effects.
Ohio Rev. Code § 1349.36 — Ohio Revised Code / Title 13 / Chapter 1349 / § 1349.36
§ 1349.36. Administrative rules
Status: in_force

May 24, 2002 House Bill 386 - 124th General Assembly The superintendent of financial institutions may, in accordance with Chapter 119. of the Revised Code, adopt reasonable rules to administer and enforce sections 1349.25 to 1349.35 of the Revised Code and to carry out the purpose of those sections as stated in section 1349.32 of the Revised Code.
Ohio Rev. Code § 1317.03 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.03
§ 1317.03. Evidence of indebtedness
Status: in_force

July 1, 1962 Senate Bill 5 - 104th General Assembly A retail seller may require a retail buyer to execute and deliver a promissory note to evidence the indebtedness created by a retail installment sale, and, to secure the payment of the indebtedness created by the sale or evidenced by the promissory note or to secure the performance of any other condition of the sale, may require the retail buyer to execute and deliver a security agreement to give the retail seller a security interest in the specific goods which were the subject matter of the retail installment sale. A written instrument required by section 1317.02 of the Revised Code may evidence the security interest.
Ohio Rev. Code § 1341.13 — Ohio Revised Code / Title 13 / Chapter 1341 / § 1341.13
§ 1341.13. Sureties of treasurer of school fund may apply to be discharged
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A surety of the treasurer of school funds, in any lawfully organized school district, may notify the board of education of the district by at least five days' notice, in writing, that he is unwilling to continue as surety for such treasurer, and at a time therein named, will make application to the board to be released from further liability upon his bond. He also shall give at least three days' notice in writing to such treasurer of the time and place at which the application will be made.
Ohio Rev. Code § 1327.502 — Ohio Revised Code / Title 13 / Chapter 1327 / § 1327.502
§ 1327.502. Registration required
Status: in_force

March 23, 2016 House Bill 131 - 131st General Assembly A service person who is employed by a commercially used weighing and measuring device servicing agency shall register with the director of agriculture in accordance with rules adopted under section 1327.50 of the Revised Code.
Ohio Rev. Code § 1301.104 — Ohio Revised Code / Title 13 / Chapter 1301 / § 1301.104
§ 1301.104. Construction against implied repeal - UCC 1-104
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly Construction against implied repeal [UCC 1-104] Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Ohio Rev. Code § 1309.517 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.517
§ 1309.517. Effect of indexing errors - UCC 9-517
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
Ohio Rev. Code § 1329.601 — Ohio Revised Code / Title 13 / Chapter 1329 / § 1329.601
§ 1329.601. Filing change of address with secretary of state
Status: in_force

June 6, 2001 House Bill 94 - 124th General Assembly The registrant of a trademark or service mark shall record all changes of the registrant's business address by filing a written statement, on a form prescribed by the secretary of state, of the new address with the secretary of state. The filing fee specified in division (U)(2) of section 111.16 of the Revised Code shall accompany the statement.
Ohio Rev. Code § 1304.30 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.30
§ 1304.30. When bank may charge customer's account - UCC 4-401
Status: in_force

August 19, 1994 Senate Bill 147 - 120th General Assembly (A) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank. (B) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item. (C) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though the payment was made before the date of the check, unless the customer has given notice to the bank of the postdating and describes the check with reasonable certainty. The notice is effective for the period stated in division (B) of section 1304.32 of the Revised Code for stop payment orders and must be received at a time and in a manner that affords the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 1304.29 of the Revised Code. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 1304.31 of the Revised Code. (D) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to either of the following: (1) Original terms of the altered item; (2) The terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
Ohio Rev. Code § 1309.332 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.332
§ 1309.332. Transfer of money - transfer of funds from deposit account - UCC 9-332
Status: in_force

July 1, 2001 Senate Bill 74 - 124th General Assembly (A) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (B) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
Ohio Rev. Code § 1311.25 — Ohio Revised Code / Title 13 / Chapter 1311 / § 1311.25
§ 1311.25. Public improvement definitions
Status: in_force

March 30, 2007 House Bill 487 - 126th General Assembly As used in sections 1311.25 to 1311.32 of the Revised Code: (A) "Public improvement" means any construction, reconstruction, improvement, enlargement, alteration, demolition, or repair of a building, highway, drainage system, water system, road, street, alley, sewer, ditch, sewage disposal plant, water works, and any other structure or work of any nature by a public authority. (B) "Public authority" includes the state, and a county, township, municipal corporation, school district, or other political subdivision of the state, and any public agency, authority, board, commission, instrumentality, or special district of or in the state or a county, township, municipal corporation, school district, or other political subdivision of the state, and any officer or agent thereof. (C) "Material supplier" includes any person by whom any materials are furnished in furtherance of a public improvement. (D) "Laborer" includes any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any public improvement. (E) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any public improvement under a contract with any person other than the public authority. (F) "Principal contractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any public improvement under a contract with a public authority. (G) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of a public improvement. (H) "Wages" has the same meaning as "prevailing wage" in division (E) of section 4115.03 of the Revised Code. (I) "Notice of commencement" means the notice specified in section 1311.252 of the Revised Code. (J) "Notice of furnishing" means the notice specified in section 1311.261 of the Revised Code.
Ohio Rev. Code § 1315.08 — Ohio Revised Code / Title 13 / Chapter 1315 / § 1315.08
§ 1315.08. Quarterly reports - annual financial statements
Status: in_force

April 6, 2007 House Bill 454 - 126th General Assembly (A) Within forty-five days after the end of each calendar quarter, each licensee shall submit to the superintendent of financial institutions all of the following in the form prescribed by the superintendent: (1) The licensee's unaudited, unconsolidated financial statements as of the end of the calendar quarter, including a balance sheet, income statement, statement of changes in shareholder's equity, and statement of cash flows; (2) A statement for the calendar quarter of the number of money transmission transactions undertaken by the licensee in this state and in the United States in total, the dollar amount of those transactions, and the number and dollar amount of those transactions currently outstanding; (3) A schedule of the licensee's permissible investments and their market values as of the end of the calendar quarter; (4) A schedule of the locations, if any, within this state at which the licensee is conducting business directly or through its authorized delegates; (5) Any other information that the superintendent requires. (B) Annually, not more than one hundred twenty days after the end of its fiscal year, each licensee shall submit to the superintendent its audited unconsolidated financial statements for the fiscal year, including a balance sheet, income statement, statement of changes in shareholder equity, and statement of cash flows. If the licensee is a subsidiary of another company, the licensee also shall submit the audited consolidated financial statements of its parent company. (C) No licensee shall fail to comply with this section.
Ohio Rev. Code § 1321.421 — Ohio Revised Code / Title 13 / Chapter 1321 / § 1321.421
§ 1321.421. Examination of short-term loan licensee's records
Status: in_force

September 1, 2008 House Bill 545 - 127th General Assembly As often as the superintendent considers it necessary, the superintendent may examine the records of a licensee, but in any case, the superintendent shall examine the records of a licensee at least annually. Last updated November 4, 2021 at 4:36 PM
Ohio Rev. Code § 1317.09 — Ohio Revised Code / Title 13 / Chapter 1317 / § 1317.09
§ 1317.09. Payment in full before maturity - refund credit
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Notwithstanding any retail installment contract to the contrary, any retail buyer may satisfy in full at any time before maturity the debt of any retail installment contract and in so satisfying such debt shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the total finance charge, less an acquisition cost of ten dollars, as the sum of the periodical time balances, after the date of prepayment, bears to the sum of all the periodical time balances under the schedule of payments in the original contract. When the amount of the credit for anticipation of payments is less than one dollar, no refund need be made.
Ohio Rev. Code § 1304.20 — Ohio Revised Code / Title 13 / Chapter 1304 / § 1304.20
§ 1304.20. Security interest of collecting bank in items, accompanying documents and proceeds - UCC 4-210
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of the item or documents in any of the following manners: (1) In the case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In the case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; (3) If it makes an advance on or against the item. (B) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this section, credits first given are first withdrawn. (C) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Chapter 1309. of the Revised Code, except for all of the following: (1) No security agreement is necessary to make the security interest enforceable under division (B)(3)(a) of section 1309.203 of the Revised Code. (2) No filing is required to perfect the security interest. (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
Ohio Rev. Code § 1309.331 — Ohio Revised Code / Title 13 / Chapter 1309 / § 1309.331
§ 1309.331. Priority of rights of purchasers of instruments, documents, and securities under other chapters - priority of interests in financial assets and security entitlements under Chapter 1308 - UCC 9-331
Status: in_force

June 29, 2011 House Bill 9 - 129th General Assembly (A) This chapter does not limit the rights of a holder in due course of a negotiable instrument, as defined in section 1303.32 of the Revised Code, or a holder to whom a negotiable document of title has been duly negotiated under section 1307.501 of the Revised Code, or a protected purchaser of a security under section 1308.17 of the Revised Code. These holders or purchasers take priority over an earlier security interest, even though perfected, to the extent provided in Chapters 1303., 1307., and 1308. of the Revised Code. (B) This chapter does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under Chapter 1308. of the Revised Code. (C) Filing under this chapter does not constitute notice of a claim or defense to the holders, purchasers, or persons described in divisions (A) and (B) of this section.
Ohio Rev. Code § 1310.66 — Ohio Revised Code / Title 13 / Chapter 1310 / § 1310.66
§ 1310.66. Lessee's incidental and consequential damages - UCC 2A-520
Status: in_force

November 6, 1992 House Bill 693 - 119th General Assembly (A) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the default. (B) Consequential damages resulting from a lessor's default include both of the following: (1) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; (2) Injury to person or property proximately resulting from any breach of warranty.