reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1309 | Secured Transactions › Section 1309.707 | Pre-Effective-Date Financing Statement - Ucc 9-707.

Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
(A) As used in this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001.
(B) On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in sections 1309.301 to 1309.342 of the Revised Code, as they exist on July 1, 2001. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(C) Except as otherwise provided in division (D) of this section, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001, only if:
(1) The pre-effective-date financing statement and an amendment are filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001;
(2) An amendment is filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001, concurrently with, or after the filing in that office of, an initial financing statement that satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001.
(3) An initial financing statement that provides the information as amended and satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001 is filed in the office specified in section 1309.501 of the Revised Code, as it exists on July 1, 2001.
(D) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under division (D) or (F) of section 1309.705 or section 1309.706 of the Revised Code as it exists on July 1, 2001.
(E) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies division (C) of section 1309.706 of the Revised Code as it exists on July 1, 2001, has been filed in the office specified by the law of the jurisdiction governing perfection as provided in sections 1309.301 to 1309.342 of the Revised Code, as they exist on July 1, 2001, as the office in which to file a financing statement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1309 | Secured Transactions › Section 1309.708 | Persons Entitled to File Initial Financing Statement or Continuation Statement - Ucc 9-708.

Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
A person may file an initial financing statement or a continuation statement under this section if:
(A) The secured party of record authorizes the filing; and
(B) The filing is necessary under this section:
(1) To continue the effectiveness of a financing statement filed before July 1, 2001; or
(2) To perfect or continue the perfection of a security interest.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1309 | Secured Transactions › Section 1309.709 | Priority - Ucc 9-709.

Effective:
July 1, 2001
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.02 | Provisions Apply to All Transactions Creating Lease - Application of Other Laws - Ucc 2a-104.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Sections 1310.01 to 1310.78 of the Revised Code apply to any transaction, regardless of form, that creates a lease.
(B)(1) A lease, although subject to sections 1310.01 to 1310.78 of the Revised Code, is also subject to Chapter 1548., 4505., or 4585. of the Revised Code, any applicable certificate of title statute of another jurisdiction as provided in section 1310.03 of the Revised Code, and Chapter 1345., 1349., or 1351. of the Revised Code.
(2) If there is a conflict between the provisions of sections 1310.01 to 1310.78 of the Revised Code, other than section 1310.03, division (C) of section 1310.32, and division (C) of section 1310.33 of the Revised Code, and any statute referred to in division (B)(1) of this section, the provisions of that statute control.
(3) A failure to comply with any applicable statute has only the effect specified in that statute.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.03 | Territorial Application of Provisions to Goods Covered by Certificate of Title - Ucc 2a-105.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Subject to the provisions of division (C) of section 1310.32 and division (C) of section 1310.33 of the Revised Code, with respect to goods covered by a certificate of title issued under Chapter 1548., 4505., or 4585. of the Revised Code or the certificate of title law of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute shall be governed by the law, including the conflict of laws rules, of jurisdiction issuing the certificate until the earlier of one of the following:
(A) The surrender of the certificate;
(B) Four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.04 | Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum - Ucc 2a-106.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or resides within thirty days after the lease agreement becomes enforceable or in which the goods are to be used, the choice of law is not enforceable.
(B) If the judicial forum chosen by the parties to a consumer lease is a forum that otherwise would not have jurisdiction over the lessee, the choice of judicial forum is not enforceable.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.05 | Waiver or Renunciation of Claim or Right After Default - Ucc 2a-107.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.06 | Unconscionability - Ucc 2a-108.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) If a court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, may enforce the remainder of the lease contract without the unconscionable clause, or may so limit the application of the unconscionable clause as to avoid any unconscionable result.
(B) With respect to a consumer lease, if a court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(C) Before making a finding of unconscionability under division (A) or (B) of this section, a court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract, a clause of the lease contract, or the conduct of the parties.
(D) In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply:
(1) If the court finds unconscionability under division (A) or (B) of this section, the court shall award reasonable attorney's fees to the lessee.
(2) If the court does not find unconscionability under division (A) or (B) of this section and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.
(3) In determining reasonable attorney's fees, the amount of the recovery on behalf of the claimant under division (A) or (B) of this section is not controlling.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.07 | Option to Accelerate at Will - Ucc 2a-109.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will," "when he deems himself insecure," or in words of similar import shall be construed to mean that he has power to do so only if he believes in good faith that the prospect of payment or performance is impaired.
(B) With respect to a consumer lease, the burden of establishing good faith under division (A) of this section is on the party who exercised the power. Otherwise, the burden of establishing lack of good faith is on the party against whom the power has been exercised.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.08 | Statute of Frauds - Ucc 2a-201.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) A lease contract is not enforceable by way of action or defense unless one of the following applies:
(1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars;
(2) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(B) Any description of leased goods or of the lease term is sufficient and satisfies division (A)(2) of this section, whether or not it is specific, if it reasonably identifies what is described.
(C) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under division (A)(2) of this section beyond the lease term and the quantity of goods shown in the writing.
(D) A lease contract that does not satisfy the requirements of division (A) of this section but that is valid in other respects is enforceable as follows:
(1) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(2) If the party against whom enforcement is sought admits in that party's pleading, in testimony, or otherwise in court that a lease contract was made. The lease contract is not enforceable under division (D)(2) of this section beyond the quantity of goods admitted.
(3) With respect to goods that have been received and accepted by the lessee.
(E) The lease term under a lease contract referred to in division (D) of this section is one of the following:
(1) If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;
(2) If the party against whom enforcement is sought admits in that party's pleading, in testimony, or otherwise in court a lease term, the term so admitted;
(3) A reasonable lease term.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.09 | Final Written Expression - Parol or Extrinsic Evidence - Ucc 2a-202.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Terms with respect to which the confirmatory memoranda of the parties agree or that otherwise are set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms that are included in their agreement may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented by both of the following:
(A) Course of dealing, usage of trade, or course of performance;
(B) Evidence of consistent additional terms, unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.10 | Seals Inoperative - Ucc 2a-203.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument, and the law with respect to sealed instruments does not apply to a lease contract or offer to which a seal has been affixed.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.11 | Formation in General - Ucc 2a-204.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of a lease contract.
(B) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
(C) Although one or more terms of a lease contract are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.12 | Firm Offers - Ucc 2a-205.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree shall be separately signed by the offeror.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.13 | Offer and Acceptance in Formation of Lease Contract - Ucc 2a-206.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Unless otherwise unambiguously indicated by the language or circumstances, and offer to make a lease contract shall be construed as inviting acceptance in any manner and by any medium reasonable under the circumstances.
(B) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.15 | Modification, Rescission and Waiver - Ucc 2a-208.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) An agreement modifying a lease contract needs no consideration to be binding.
(B) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, a provision that excludes modification or rescission except by a signed writing and that is on a form supplied by a merchant shall be separately signed by the other party.
(C) Although an attempt at modification or rescission does not satisfy the requirements of division (B) of this section, it may operate as a waiver.
(D) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.16 | Lessee Under Finance Lease as Beneficiary of Supply Contract - Ucc 2a-209.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) The benefit of a supplier's promises to the lessor under a supply contract and of all express or implied warranties, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising from the terms.
(B) The extension of the benefit of a supplier's promises and of warranties to the lessee as provided in division (A) of this section does not do either of the following:
(1) Modify the rights and obligations of the parties to the supply contract, whether arising from the contract or otherwise;
(2) Impose any duty or liability under the supply contract on the lessee.
(C) Any modification or rescission of a supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(D) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under division (A) of this section, the lessee retains all rights that the lessee may have against the supplier and that arise from an agreement between the lessee and the supplier or under other law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.17 | Express Warranties - Ucc 2a-210.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Express warranties by the lessor are created as follows:
(1) Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
(2) Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
(3) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(B) It is not necessary to the creation of an express warranty that the lessor use formal words, including "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.18 | Warranties Against Interference and Against Infringement - Lessee's Obligation Against Infringement - Ucc 2a-211.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, and that will interfere with the lessee's enjoyment of its leasehold interest.
(B) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(C) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.19 | Implied Warranty of Merchantability - Ucc 2a-212.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(B) To be merchantable, goods shall at least satisfy the following:
(1) Pass without objection in the trade under the description in the lease agreement;
(2) In the case of fungible goods, be of fair average quality within the description;
(3) Be fit for the ordinary purposes for which goods of that type are used;
(4) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;
(5) Be adequately contained, packaged, and labeled as the lease agreement may require;
(6) Conform to any promises or affirmations of fact made on the container or label.
(C) Other implied warranties may arise from course of dealing or usage of trade.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.20 | Implied Warranty of Fitness for Particular Purpose - Ucc 2a-213.

Effective:
November 6, 1992
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.21 | Exclusion or Modification of Warranties - Ucc 2a-214.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty shall be construed wherever reasonable as consistent with each other, but, subject to the provisions of section 1310.09 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(B) Subject to division (C) of this section, to exclude or modify the implied warranty of merchantability or any part of it, the language shall mention "merchantability," be by a writing, and be conspicuous. Subject to division (C) of this section, to exclude or modify any implied warranty of fitness, the exclusion shall be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous, and states, for example, "there is no warranty that the goods will be fit for a particular purpose."
(C) Notwithstanding division (B) of this section, but subject to division (D) of this section, all of the following apply:
(1) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is" or "with all faults" or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous.
(2) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination in the circumstances should have revealed.
(3) An implied warranty also may be excluded or modified by course of dealing, course of performance or usage of trade.
(D) To exclude or modify a warranty against interference or against infringement as provided in section 1310.18 of the Revised Code, or any part of it, the language shall be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.22 | Cumulation and Conflict of Warranties Express or Implied - Ucc 2a-215.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Express or implied warranties shall be construed as consistent with each other and as cumulative, but, if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply:
(A) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(B) A sample from an existing bulk displaces inconsistent general language of description.
(C) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.23 | Third-Party Beneficiaries of Express and Implied Warranties - Ucc 2a-216 Alternative C.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
An express or implied warranty to or for the benefit of a lessee under sections 1310.01 to 1310.78 of the Revised Code extends to any person who reasonably may be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. The operation of this section may not be excluded, modified, or limited with respect to injury to the person of an individual to whom the warranty extends, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee also is effective against the beneficiary designated under this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.24 | Identification - Ucc 2a-217.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs in one of the following manners:
(A) When the lease contract is made, if the lease contract is for a lease of goods that are existing and identified;
(B) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified;
(C) When the young are conceived, if the lease contract is for a lease of unborn young of animal.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.25 | Insurance and Proceeds - Ucc 2a-218.

Effective:
November 6, 1992
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.26 | Risk of Loss - Ucc 2a-219.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(B) Subject to the provisions of section 1310.27 of the Revised Code on the effect of default on risk of loss, if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
(1) If the lease contract requires or authorizes the goods to be shipped by carrier and does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier. If it does require delivery at a particular destination and the goods are duly tendered at that particular destination while in the possession of the carrier, the risk of loss passes to the lessee when the goods are duly so tendered at that particular destination as to enable the lessee to take delivery.
(2) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods.
(3) In any case not within division (B)(1) or (2) of this section, the risk of loss passes to the lessee on the lessee's receipt of the goods, if the lessor or, in the case of a finance lease, the supplier is a merchant; otherwise, the risk of loss passes to the lessee on tender of delivery.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.27 | Effect of Default on Risk of Loss - Ucc 2a-220.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) If risk of loss is to pass to the lessee and the time of passage is not stated, one of the following applies:
(1) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(2) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(B) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or otherwise is in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.28 | Casualty to Identified Goods - Ucc 2a-221.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
If a lease contract requires goods to be identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor, or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or section 1310.26 of the Revised Code, both of the following apply:
(A) If the loss is total, the lease contract is avoided.
(B) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity, but without further right against the lessor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.29 | Enforceability of Lease Contract - Ucc 2a-301.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.30 | Title to and Possession of Goods - Ucc 2a-302.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, those sections apply whether the lessor or a third party has title to the goods and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any section of the Revised Code, statute of another jurisdiction, or rule of law that possession or the absence of possession is fraudulent.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.32 | Subsequent Lease of Goods by Lessor - Ucc 2a-304.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Subject to section 1310.31 of the Revised Code, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer and, except as provided in division (B) of this section and division (D) of section 1310.73 of the Revised Code, takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though any of the following applies:
(1) The lessor's transferor was deceived as to the identity of the lessor.
(2) The delivery was in exchange for a check that is later dishonored.
(3) It was agreed that the transaction was to be a "cash sale."
(4) The delivery was procured through fraud punishable as a theft offense under Chapter 2913. of the Revised Code or another law.
(B) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods and takes free of the existing lease contract.
(C) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under Chapter 1548., 4505., or 4585. of the Revised Code or a similar law of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.33 | Sale or Sublease of Goods by Lessee - Ucc 2a-305.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) Subject to section 1310.31 of the Revised Code, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer and, except as provided in division (B) of this section and division (D) of section 1310.57 of the Revised Code, takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease, the lessee has that power even though any of the following applies:
(1) The lessor was deceived as to the identity of the lessee.
(2) The delivery was in exchange for a check that is later dishonored.
(3) The delivery was procured through fraud punishable as a theft offense under Chapter 2913. of the Revised Code or another law.
(B) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods and takes free of the existing lease contract.
(C) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under Chapter 1548., 4505., or 4585. of the Revised Code or a similar law of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.34 | Priority of Certain Liens Arising by Operation of Law - Ucc 2a-306.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by a section of the Revised Code, statute of another jurisdiction, or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or sections 1310.01 to 1310.78 of the Revised Code, unless the lien is created by a section of the Revised Code or statute of another jurisdiction and the section or statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.35 | Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods - Ucc 2a-307.

Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
(A) Except as otherwise provided in section 1310.34 of the Revised Code, a creditor of a lessee takes subject to the lease contract.
(B) Except as otherwise provided in division (C) of this section and in sections 1310.34 and 1310.36 of the Revised Code, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.
(C) Except as otherwise provided in sections 1309.317, 1309.321, and 1309.323 of the Revised Code, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.36 | Special Rights of Creditors - Ucc 2a-308.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any section of the Revised Code, any statute of another jurisdiction, or any rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
(B) Nothing in sections 1310.01 to 1310.78 of the Revised Code impairs the rights of creditors of a lessor if the lease contract becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and is made under circumstances that under any section of the Revised Code, statute of another jurisdiction, or rule of law apart from sections 1310.01 to 1310.78 of the Revised Code would constitute the transaction a fraudulent transfer or voidable preference.
(C) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any section of the Revised Code, statute of another jurisdiction, or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.38 | Lessor's and Lessee's Rights When Goods Become Accessions - Ucc 2a-310.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) For purposes of this section, goods are "accessions" when they are installed in or affixed to other goods.
(B) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in division (D) of this section.
(C) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in division (D) of this section but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of those interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
(D) The interest of a lessor or a lessee under a lease contract described in division (B) or (C) of this section is subordinate to the interest of either of the following:
(1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions;
(2) A creditor with a security interest in the whole perfected before the lease contract was made, to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(E) When under division (B) or (C) and division (D) of this section a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee, on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the lease contract and sections 1310.01 to 1310.78 of the Revised Code, or if necessary to enforce other rights and remedies of the lessor or lessee under those sections, may remove the goods from the whole, free and clear of all interests in the whole, but the lessor or lessee shall reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.39 | Subordination by Agreement.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
Nothing in sections 1310.01 to 1310.78 of the Revised Code prevents subordination by agreement by any person entitled to priority.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1310 | Leases › Section 1310.40 | Insecurity - Adequate Assurance of Performance - Ucc 2a-401.

Effective:
November 6, 1992
Latest Legislation:
House Bill 693 - 119th General Assembly
(A) A lease contract imposes an obligation on each party that the other party's expectation of receiving due performance will not be impaired.
(B) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable, the insecure party may suspend any performance for which he has not already received the agreed return.
(C) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed thirty days after receipt of a demand by the other party.
(D) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(E) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.