reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1303.40 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.40 | Accord and Satisfaction by Use of Instrument - Ucc 3-311.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, all the following apply:(A) Unless division (B) of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.(B) Subject to division (C) of this section, a claim is not discharged under division (A) of this section if either of the following applies:(1) The claimant, if an organization, proves both of the following:(a) Within a reasonable time before the person against whom the claim is asserted tendered the instrument to the claimant, the claimant sent a conspicuous statement to the person that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place.(b) The instrument or accompanying communication was not received by that designated person, office, or place.(2) The claimant, whether or not an organization, proves that within ninety days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. Division (B)(2) of this section does not apply if the claimant is an organization that sent a statement complying with division (B)(1) of this section.(C) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
Ohio Rev Code § 1303.41 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.41 | Signature - Ucc 3-401.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) A person is not liable on an instrument unless the person signed the instrument or the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person pursuant to section 1303.42 of the Revised Code.(B) A signature may be made manually or by means of a device or machine and by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.
Ohio Rev Code § 1303.42 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.42 | Signature by Representative - Ucc 3-402.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.(B) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person under division (A) of this section, all of the following rules apply:(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.(2) Subject to division (C) of this section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or if the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.(C) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
Ohio Rev Code § 1303.43 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.43 | Unauthorized Signature - Ucc 3-403.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) Unless otherwise provided in this chapter or sections 1304.01 to 1304.40 of the Revised Code, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter.(B) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.(C) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter.
Ohio Rev Code § 1303.44 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.44 | Impostors - Fictitious Payees - Ucc 3-404.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.(B) If a person whose intent determines to whom an instrument is payable under division (A) or (B) of section 1303.08 of the Revised Code does not intend the person identified as payee to have any interest in the instrument or if the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:(1) Any person in possession of the instrument is its holder.(2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.(C) Under division (A) or (B) of this section, an indorsement is made in the name of a payee if it is made in a name substantially similar to that of the payee or if the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.(D) With respect to an instrument to which division (A) or (B) of this section applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
Ohio Rev Code § 1303.45 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.45 | Drawee Not Liable on Unaccepted Draft - Ucc 3-408.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it.
Ohio Rev Code § 1303.46 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.46 | Acceptance of Draft - Certified Check - Ucc 3-409.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) "Acceptance" means the drawee's signed agreement to pay the draft as presented. It must be written on the draft, and may consist of his signature alone. Acceptance may be made at any time and becomes effective when notification is given pursuant to instructions or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.(B) A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete, is overdue, or has been dishonored.(C) If a draft is payable at a fixed period after sight and the acceptor fails to date his acceptance, the holder may complete the acceptance by supplying a date in good faith.(D) "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as described in division (A) of this section or by a writing on the check that indicates that the check is certified. The drawee of a check has no obligation to certify the check, and the drawee's refusal to certify is not dishonor of the check.
Ohio Rev Code § 1303.47 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.47 | Employer's Responsibility for Fraudulent Indorsement by Employee - Ucc 3-405.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) As used in this section:(1) "Employee" includes an independent contractor and an employee of an independent contractor retained by the employer.(2) "Fraudulent indorsement" means either of the following:(a) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer;(b) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.(3) "Responsibility" with respect to instruments means authority to do any of the following:(a) To sign or indorse instruments on behalf of the employer;(b) To process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition;(c) To prepare or process instruments for issue in the name of the employer;(d) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer;(e) To control the disposition of instruments to be issued in the name of the employer;(f) To act otherwise with respect to instruments in a responsible capacity."Responsibility" with respect to instruments does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.(B) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.(C) Under division (B) of this section, an indorsement is made in the name of the person to whom an instrument is payable if it is made in a name substantially similar to the name of that person or if the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
Ohio Rev Code § 1303.48 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.48 | Acceptance Varying Draft - Ucc 3-410.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to cancel his acceptance.(B) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place.(C) If the holder assents to an acceptance varying the terms of the draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.
Ohio Rev Code § 1303.49 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.49 | Negligence Contributing to Forged Signature or Alteration of Instrument - Ucc 3-406.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.(B) Under division (A) of this section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded under division (A) of this section from asserting an alteration or forgery and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.(C) Under division (A) of this section, the burden of proving that a failure to exercise ordinary care contributed to an alteration of an instrument or to the making of a forged signature on an instrument is on the person asserting the preclusion. Under division (B) of this section, the burden of proving that a failure to exercise ordinary care in paying or taking an instrument substantially contributed to loss is on the person precluded.
Ohio Rev Code § 1303.50 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.50 | Alteration - Ucc 3-407.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) "Alteration" means either of the following:(1) An unauthorized change in an instrument that purports to modify in any respect the obligation of a party.(2) An unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.(B) Except as provided in division (C) of this section, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.(C) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument according to its original terms or, if the incomplete instrument was altered by unauthorized completion, according to its terms as completed.
Ohio Rev Code § 1303.51 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.51 | Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks - Ucc 3-411.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) As used in this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.(B) If the obligated bank wrongfully refuses to pay a cashier's check or certified check, wrongfully stops payment of a teller's check, or wrongfully refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.(C) Expenses or consequential damages otherwise recoverable under division (B) of this section are not recoverable if the refusal of the obligated bank to pay occurs because of any of the following:(1) The bank suspends payments.(2) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument.(3) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument.(4) Payment is prohibited by law.
Ohio Rev Code § 1303.52 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.52 | Obligation of Issuer of Note or Cashier's Check - Ucc 3-412.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|The issuer of a notice or cashier's check or other draft drawn on the drawer is obliged to pay the instrument in accordance with either of the following: (A) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder;(B) If the issuer signed an incomplete instrument, according to its terms when completed in accordance with sections 1303.11 and 1303.50 of the Revised Code. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 1303.55 of the Revised Code.
Ohio Rev Code § 1303.53 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.53 | Obligation of Acceptor - Ucc 3-413.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The acceptor of a draft is obliged to pay the draft in accordance with one of the following:(1) According to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms;(2) If the acceptance varies the terms of the draft, according to the terms of the draft as varied;(3) If the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft pursuant to section 1303.54 or 1303.55 of the Revised Code.(B) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. The obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course if all of the following apply:(1) The certification or acceptance does not state an amount.(2) The amount of the instrument is subsequently raised.(3) After the amount of the instrument is subsequently raised, the instrument is negotiated to a holder in due course.
Ohio Rev Code § 1303.54 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.54 | Obligation of Drawer - Ucc 3-414.

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