reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.86 | Broker's Lien on Commercial Real Estate.

Effective:
March 27, 2013
Latest Legislation:
House Bill 510 - 129th General Assembly
(A) Any broker that enters into a written contract for services related to selling, leasing, or conveying any interest in commercial real estate has a lien on that commercial real estate. The lien is effective only if the contract for services is in writing and is signed by the broker or the broker's agent and the owner of the lien property or the owner's agent.
(B) Any broker that enters into a written contract for services related to purchasing any interest in commercial real estate has a lien on any real estate purchased pursuant to that contract. The lien is effective only if the contract for services is in writing and is signed by the broker or the broker's agent and the owner of the lien property or the owner's agent.
(C)(1) Only the broker named in the contract has a lien pursuant to this section and a lien is not available to any employee or independent contractor of the broker.
(2) The amount of a lien for services related to selling or conveying any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, a portion of which is due after conveyance, the amount of the lien is limited to the amount due to the broker prior to or upon conveyance.
(3) The amount of a lien for services related to leasing any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, the amount of the lien is limited to the amount of all installment payments due to the broker over the life of the contract, minus the amount of any installment payments made under the contract prior to the time of the owner's default.
(4) The amount of a lien for services related to purchasing any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, the amount of the lien is limited to the amount of all installment payments due to the broker over the life of the contract, minus the amount of any installment payments made under the contract prior to the time the lien is filed.
(5) The lien is effective only against the interest in real estate that is the subject of the contract.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.87 | Perfection of Lien.

Effective:
March 31, 2021
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.88 | Proceedings to Enforce Lien.

Effective:
March 31, 2021
Latest Legislation:
Senate Bill 39 - 133rd General Assembly
(A) To commence proceedings to enforce a lien, a broker shall comply with all of the following:
(1) The broker shall file a complaint in the common pleas court in the county where the lien property is located.
(2)(a) The complaint shall be filed within two years following the recording of the lien affidavit as provided in division (B) of section 1311.87 of the Revised Code.
(b) Failure to file a complaint within the time specified in this division extinguishes the lien, in which case no subsequent lien affidavit may be recorded for the same claim and the claim may not be asserted in any proceeding under this section.
(3) A complaint shall identify the contract upon which the lien is based and the date of the contract, describe the services performed by the broker pursuant to the contract, specify the unpaid amounts due to the broker pursuant to the contract, specify the address of the lien property, and have a copy of the contract attached.
(4) The broker shall name as defendants in the complaint all parties that have a legal or equitable interest in the lien property of whom the broker has knowledge.
(B)(1) The owner may demand that the broker commence a suit to enforce a broker's lien by serving a written notice of demand on the broker by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt.
(2) If the broker does not commence the suit within twenty-eight days after receipt of the notice of demand, the lien is extinguished.
(C) In an action based on a broker's lien, a court shall assess the nonprevailing parties with all costs and reasonable attorney's fees incurred by the prevailing parties. If the broker prevails, the assessed costs and attorney's fees shall include all those incurred by the broker to perfect and enforce the broker lien including any litigation costs and any prejudgment interest due. The court shall equitably apportion the assessed costs, attorney's fees, and prejudgment interest among all responsible nonprevailing parties.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.

Effective:
September 11, 1997
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.90 | Broker to Record Release or Satisfaction.

Effective:
March 31, 2021
Latest Legislation:
Senate Bill 39 - 133rd General Assembly
(A) A broker shall record a written release or satisfaction of the broker's lien in the county recorder's office of the county in which the lien was recorded within ten days after any of the following:
(1) Moneys in an amount sufficient to release the broker's lien established pursuant to section 1311.86 of the Revised Code have been deposited in an escrow account established pursuant to section 1311.92 of the Revised Code.
(2) The owner satisfies the claim upon which the broker's lien is based.
(3) The broker fails to file a claim to enforce a lien within the time specified in section 1311.88 of the Revised Code.
(4) The claim upon which the broker's lien is based has been resolved by a written agreement of the broker and owner, by a court, or by any process agreed to by the broker and owner.
(B) Within three days of the recording of the release or satisfaction, the broker shall provide the owner with a copy of the release or satisfaction by personal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.91 | Priority of Mechanic's Liens.

Effective:
September 11, 1997
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.92 | Transfer of Lien Property - Escrow Account.

Effective:
September 11, 1997
Latest Legislation:
House Bill 158 - 122nd General Assembly
(A) Except as provided in division (D) of this section, to enable a transfer of lien property to close when a broker's perfected lien may otherwise prevent the closing, a separate escrow account shall be established by the owner into which moneys from the proceeds of the closing shall be deposited in an amount sufficient to release the broker's lien. The moneys shall be held in escrow and shall only be released as ordered by a court of competent jurisdiction, or as directed by agreement of the broker and owner or by any process agreed to by the broker and owner.
(B) An owner may not refuse to close a transfer of lien property because of the requirement to establish an escrow account under division (A) of this section. A prospective transferee of lien property shall not refuse to close the transfer of the lien property solely because the broker recorded a lien affidavit under this section, if all of the following have occurred:
(1) The owner has established the escrow account required by division (A) of this section;
(2) The prospective transferee has received from the escrow agent for the escrow account required by division (A) of this section a verified statement that the escrow account has been established.
(C) When funds have been placed in escrow pursuant to division (A) of this section, the broker claiming a broker's lien under this section has an equitable lien on the escrowed funds, and the lien recorded on the lien property shall be extinguished as a matter of law.
(D) The broker and owner are not required to follow the escrow procedures described in this section if either of the following applies:
(1) An alternative procedure is available that would allow the transfer of lien property to close and that procedure is acceptable to the broker and prospective transferee.
(2) The proceeds from the transfer of lien property would be insufficient to release all liens, including the broker's lien, that are claimed against the lien property.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1311 | Liens › Section 1311.93 | Liability of Broker.

Effective:
September 11, 1997
Latest Legislation:
House Bill 158 - 122nd General Assembly
Any broker that asserts or records a spurious or materially inaccurate broker's lien under this section or fails to release or acknowledge release or satisfaction of a broker's lien in compliance with this section, is liable for damages incurred by any person who has a legal or equitable interest in the lien property.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.01 | Definitions.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
As used in this chapter:
(A) "Construction defect" means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. "Substantial rehabilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.
(B) "Dwelling action" means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect.
(C) "Owner" means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit.
(D) "Residential building" means a structure that is a one-family, two-family, or three-family dwelling house or a dwelling unit within that structure, any accessory structures incidental to that dwelling house, and a unit in a condominium development in which the owner holds title to that unit. "Residential building" includes any structure that is used as a model to promote the sale of a similar dwelling house.
(E) "Residential contractor" means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building.
(F) "Accessory structure" has the same meaning as in section 3781.06 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.02 | Application of Chapter.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
This chapter applies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.03 | Notice of Contractor's Right to Resolve Alleged Defects.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
Upon entering into a contract for the construction or the substantial rehabilitation of a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the notice as a separate document delivered at the time the owner signs the contract. The notice shall be conspicuous and in substantially the following form:
OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.04 | Notice to Contractor of Alleged Defects Prior to Action.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
(A) No owner shall commence arbitration proceedings or file a dwelling action against a residential contractor unless, at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, delivered in person, or sent by any means the contractor has indicated communications may be sent, including facsimile transmission and electronic mail. The notice shall substantially comply with the requirements set forth in division (B) of this section.
(B) Any notice that an owner provides to a contractor pursuant to this section shall substantially do all of the following:
(1) Assert a claim involving a construction defect by itemizing and describing those construction defects;
(2) Include or attach a copy of any documentation concerning the construction defects prepared by a person who inspected the residential building for the owner;
(3) Include the name, address, and telephone number of the owner and the contractor and the address of the building that is the subject of the claim.
(C) After receiving a notice of defects, a contractor may request an owner to provide a description of the cause of the defects and the nature and extent of repairs necessary to remedy the defects. An owner may provide this information if the owner has knowledge of the cause of the defects and the repairs necessary to remedy those defects.
(D) If a contractor files a mechanics lien or commences any type of arbitration proceedings or legal action against an owner, this chapter does not apply, and the owner immediately may counterclaim, commence arbitration proceedings, or file a dwelling action against the contractor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.05 | Contractor's Response to Notice of Defects - Offer to Inspect or Settle Claim.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
(A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.04 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following actions:
(1) Inspect the residential building that is the subject of the claim;
(2) Compromise and settle the claim without an inspection;
(3) Dispute the claim.
(B) If a contractor fails to respond as required by division (A) of this section or disputes the claim, an owner is deemed to have complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.
(C)(1) If an owner rejects a contractor's offer to inspect the property or to compromise and settle a claim, the owner shall notify the contractor of that rejection within fourteen days after receiving the contractor's offer. The rejection notice shall be in writing and include a reason for the rejection.
(2) After providing a rejection notice, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.06 | Owner's Acceptance of Contractor's Offer - Inspection - Action by Owner.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
(A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contractor shall take reasonable measures to determine the nature and cause of the construction defects and the appropriate remedy. The measures the contractor takes may include, but are not limited to, testing.
(B) Within ten days after a residential contractor conducts an inspection as described in this section, the contractor shall provide the owner with one of the following:
(1) A written offer to remedy the defects at no cost to the owner. The offer shall be accompanied by an inspection report, a prediction of the additional construction work necessary to remedy each defect, and a timetable for completing the work necessary to remedy the defects.
(2) A written offer to settle the claim;
(3) A written statement asserting that the contractor does not intend to remedy the defects.
(C) An owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor if any of the following occur:
(1) The contractor does not inspect the property within fourteen days after the owner accepts the offer to inspect.
(2) Following an inspection, the contractor does not provide a written response.
(3) The contractor responds that the contractor does not intend to remedy the defects.
(4) The contractor fails to remedy the defects in the manner the contractor describes or within the timetable the contractor provides.
(D) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the contractor may take reasonable steps to document the repair or replacement and to inspect the repair or replacement or have it inspected.
(E) If an owner accepts an offer that a residential contractor makes in compliance with this chapter to compromise and settle the claim, to remedy the defects, or to settle the claim and the contractor fulfills that offer in compliance with this chapter, the owner is barred from bringing a dwelling action or commencing arbitration proceedings for the claim.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.07 | Commencement of Arbitration or Action by Owner.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
Unless otherwise indicated in this chapter, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action sixty days after the owner mails, delivers, sends by facsimile transmission or electronic mail, or otherwise provides the residential contractor with a defect notice pursuant to division (A) of section 1312.04 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1312 | Residential Contractor Right to Cure › Section 1312.08 | Tolling of Statutes of Limitation and Repose - Dismissal - Application of Chapter.

Effective:
May 27, 2005
Latest Legislation:
House Bill 175 - 125th General Assembly
(A) All applicable statutes of limitation or repose are tolled from the time the owner sends a notice of defect to a contractor pursuant to section 1312.04 of the Revised Code until the owner has complied with this chapter.
(B) If an owner files a dwelling action or commences arbitration proceedings without having complied with this chapter, the court or arbitrator shall dismiss that action or those proceedings without prejudice. The owner may again file a dwelling action or commence arbitration proceedings after complying with this chapter.
(C) This chapter does not apply to any civil action in tort alleging personal injury or wrongful death to a person resulting from a construction defect.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.01 | Assignee's Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a person, partnership, association, or corporation, makes an assignment to a trustee of property, money, rights, or credits, in trust for the benefit of creditors, within ten days after the delivery of the assignment to him and before disposing of any property so assigned, such assignee shall appear before the probate judge of the county in which the assignor resided at the time of executing the assignment, produce the original assignment, or a copy of it, cause it to be filed in the probate court, and enter into a bond, payable to the state, in such sum and with such sureties as the court approves, conditioned for the faithful performance of his duties. The court may require the assignee, or any trustee subsequently appointed, to execute an additional bond whenever the interests of the creditors of the assignor demand it.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.02 | Effective Time of Assignment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An assignment for the benefit of creditors as provided in section 1313.01 of the Revised Code is effective only from the time of its delivery to the probate judge, and the exact time of such delivery shall be indorsed thereon by the judge, who immediately shall note the filing on the journal of the court. Such assignment may be delivered by the assignor to the judge either before or after its delivery to the assignee.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.03 | Appointment of a Trustee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If ten days after the execution of an assignment for the benefit of creditors, the original or a copy of it has not been filed in the probate court, or if the assignee named thereon fails for that time to give bond, on application of the assignor, or any of his creditors, the court shall make an order removing such assignee and appoint a trustee in his place. If more than one assignee is named in the assignment, and some fail to give bond, the court may permit the assignee complying with sections 1313.01 and 1313.02 of the Revised Code to qualify and enter upon the discharge of the duties of the trust.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.04 | Resignation.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
An assignee or trustee for the benefit of creditors appointed by the probate court, who has qualified, may resign his trust with the consent of the court. In case of the death, removal, or resignation of a sole assignee or trustee, the court shall appoint one or more trustees in his place.
If one or more assignees or trustees have not died, resigned, or been removed, the court either may fill the vacancy, or allow the remaining assignees or trustees, to execute the trust, as it deems best for the trust. At any time, on application of a majority of the creditors in amount, the court may appoint an additional trustee.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.05 | Election of Trustee by Creditors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a creditor of an assignor provided for in section 1313.01 of the Revised Code, files a complaint alleging that the assignees named in the deed of assignment, or the trustees appointed by the probate court, for the benefit of creditors are not suitable persons to administer the trust, or that their administration thereof will not be for the best interests of the creditors and assignor, the court thereupon shall issue a citation to such assignees, or trustees, and to the assignor if resident within the state, to appear before it at a time to be named in the citation. If, on the hearing, it appears to the court that such complaint is true, and a petition is filed with the court, signed by creditors of the assignor, who own not less than one thousand dollars of debts against him, and their validity is shown by the schedule of debts on file or otherwise established to its satisfaction, praying for permission to elect trustees, the court by its order shall fix a time for such election and cause notices to be sent by mail or otherwise to each creditor of the assignor, specifying a time when the creditors shall meet at the courtroom for the election of trustees.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.06 | Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
At an election under section 1313.05 of the Revised Code creditors representing fifty per cent or more of the debts of the assignor, present or represented by attorney, may proceed to the election of trustees for the benefit of creditors, a majority in value of all the debts represented at such meeting being necessary to a choice.
The proceedings of the meeting showing what creditors were present, the amount of the debts held by them respectively, and who cast their several votes must be made out and signed by the president and secretary of the meeting and filed with the probate court.
If the court approves the choice, and the trustees elected appear within ten days thereafter and give bond, the court shall appoint them as trustees, and remove the preceding assignee or trustee.
The summary determination of the court as to who are creditors and the amount of their claims under section 1313.05 of the Revised Code, has no effect as to the validity of such claims, except for the purpose of such election.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.07 | Removal of Assignee or Trustee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The probate court may remove an assignee or trustee for the benefit of creditors, specifying in the order the cause of removal.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.08 | Application for Release by Surety - Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A surety of an assignee or trustee for the benefit of creditors, or the executor or administrator of such surety, at any time may make application to the probate court to be released from the bond of such assignee or trustee, by filing his written request therefor with the judge of such court, and giving at least five days' notice, in writing, to such assignee or trustee. If, upon the hearing, the court is of opinion that there is good reason therefor, it shall release such surety. The death of a surety is good cause for release.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.09 | Application by Trustee for Release of Surety - Hearing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An assignee or trustee for the benefit of creditors at any time may make application to the probate court for the release of his sureties, by filing his written request with the judge of such court, and giving at least five days' notice, in writing, to such sureties. If, upon the hearing, the court is of opinion that there is good reason to release said sureties it shall order said assignee or trustee to file an account, as provided by law, and said sureties shall be released upon said assignee or trustee filing a new bond and its approval by the court.
Last updated February 15, 2022 at 2:21 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.10 | Removal for Failure to Give New Bond.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an assignee or trustee for the benefit of creditors fails to give new bond, as directed by the probate court, he must be removed and his letters superseded. The original sureties shall not be released until the assignee or trustee gives new bond, but the original sureties are liable for said assignee or trustee's acts only from the time of executing the original bond to the filing and approval by the court of the new bond.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.11 | Trustee to Give Bond.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.12 | Settlement on Resignation, Removal, or Death.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On the resignation or removal of an assignee or trustee for the benefit of creditors, he shall file and settle his account without delay, and on the death of such assignee or trustee, his legal representative must file and settle such account without delay. Immediately after the settlement, the assignee or trustee, or his legal representative, shall pay over to his successor all moneys found due from him to the trust. On failure to do so, or to file and settle such account, or deliver over to his successor all property, moneys, books, evidences of title, papers, and other effects belonging to the trust, such successor may proceed against such assignee or trustee by action in the court of common pleas or otherwise, on his bond or his legal representative and the sureties in such bond.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.13 | Appointment and Qualification to Operate as a Conveyance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the probate court appoints a trustee for the benefit of creditors to act in place of the assignee of a debtor, the appointment and qualification of the trustee operates as a conveyance to him of all the property originally assigned to such assignee.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.14 | Notice of Appointment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each assignee or trustee for the benefit of creditors appointed on the failure of the assignee of a debtor to qualify, within thirty days after giving bond, must give notice of his appointment in some newspaper of general circulation in the county, for three successive weeks.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.15 | Appointment of Appraisers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Immediately upon the assignee of a debtor giving bond, or if said assignee fails to give bond, then upon the trustee for the benefit of creditors giving bond, the probate court shall appoint three suitable disinterested persons appraisers of the property and assets of the assignor. Such assignee or trustee, within thirty days after giving bond, unless for good cause the court allows a longer time, must make and file therein an inventory, verified by his oath, of all the property, moneys, rights, and credits of the assignor included in the assignment, which have come to his possession or knowledge, together with an appraisement thereof by such appraisers under oath. If any part of the estate or effects is in any other county, the assignee or trustee may have appraisers, as to such part of the estate and effects, appointed by the probate judge of such county.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.16 | Real Property Without the State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the assignment for the benefit of creditors, includes real property situated without this state, it is not necessary to have it appraised, but the assignee, or trustee appointed, shall sell such real property at public or private sale, and the sale shall be confirmed, if the court finds that it has been made in good faith for a fair price. At the time of filing the inventory as provided in section 1313.15 of the Revised Code, the assignee or trustee also must file a schedule of all the debts and liabilities of the assignor within his knowledge, which shall be verified by the oath of the assignee or trustee, and contain the post-office address of each of the alleged creditors, so far as this can be given.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.17 | Exempt Property Excepted From Assignment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No assignment for the benefit of creditors shall include or cover any property exempt from levy or sale on execution, or exempt from being applied to the payment of debts by any legal process, unless in the assignment the exemption is expressly waived.
No such assignment shall include any property belonging to the wife of the assignor, nor require the assignor to deliver up any of such property.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.18 | Homestead.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
Appraisers appointed under section 1313.15 of the Revised Code, shall set off in the way that appraisers of property levied on or attached are required to do, exempt property that has to be selected by the debtor. If the setting off is omitted, at any time after the appraisal and before sale, the court may order it to be done by the appraisers.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.19 | Orders to Prevent Fraudulent Transfer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The probate judge, at any time before the final settlement of the accounts of an assignee for the benefit of creditors, may require his attendance, or that of any other person as a witness, and examine him upon oath, as to all matters appertaining to the estate of the assignor or to the administration of the trust, and, upon or after such examination, make and enforce any orders upon proper parties, which said judge deems necessary to prevent a fraudulent transfer or change in the property or effects of the assignor or the allowance or payment of any unjust or fraudulent claim out of his estate.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.20 | Examination of Assignor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
On application of an assignee for the benefit of creditors or of a creditor, or without application, the probate judge may require the assignor, upon reasonable notice, to attend and submit to an examination on oath as to the disposal of his property, his trade and dealings with others, and his accounts concerning them, as to all debts due or claimed from him, and to all other matters concerning his property and estate, and the due settlement thereof, which examination, at the request of any party to the proceeding, may be reduced to writing.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.21 | Duties of Assignee or Trustee of Insolvent Debtor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An assignee or trustee for the benefit of creditors shall convert the assets received by him into money, and shall sell the real and personal property assigned, including stocks and such bonds, notes, and other claims as are not due and which probably cannot be collected within a reasonable time, at public auction, either for cash or upon such other terms as the probate court orders.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.22 | Sale of Real Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notice of the time and place of the sale of real property assigned for the benefit of creditors, shall be given by advertisement in some newspaper of general circulation in the county where such property is situated, for four consecutive weeks. The real property shall not be sold for less than two thirds of the appraised value thereof, but shall be subject to reappraisement as upon execution at law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.23 | Sale of Personal Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notice of the time and place of the sale of personal property assigned for the benefit of creditors, shall be given for at least ten days prior to the day of sale, by advertisement in some newspaper of general circulation in the county, or by posting written or printed notices thereof in at least fifteen public places in the county, not less than five of which must be posted in the township in which the sale is to be held.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.24 | Court May Order Private Sale of Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the probate court is satisfied that it would be for the advantage of the creditors of the assignor to sell part, or all, of the real or personal property in this state assigned for the benefit of creditors at private sale, it may authorize the assignee or trustee for the benefit of creditors to sell it either for cash or upon such other terms as the court orders. No real property lying in this state shall be sold for less than two thirds of its appraised value, nor shall any personal property be sold for less than two thirds of its appraisement, unless upon good cause shown the court orders the assignee or trustee to sell it for a less amount.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.25 | Property to Be Sold at Auction if Not Disposed of Privately.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any property, ordered to be sold by the probate court at private sale under section 1313.24 of the Revised Code, not sold within the time prescribed, shall be ordered to be sold at public auction, as though a private sale had not been ordered.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.26 | Compromise or Sale of Claims.

Effective:
October 1, 1953
Latest Legislation:
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.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.27 | Return and Confirmation of Sales.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Reports of sales of real property and personal property made under sections 1313.21 to 1313.31, inclusive, of the Revised Code shall be returned to the probate court within the time prescribed. After having carefully examined the return, if satisfied that the sale has been legally made, the court shall confirm it and order the assignee or trustee to make a deed to the purchaser for the property sold. The court also may require in the order that deferred installments of the purchase money be secured by mortgage before delivery of such deed. When the buyer offers to pay the full amount of the purchase money in cash, if best for the interests of the creditors of the assignor, the court may order that it be accepted, and direct its distribution.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.28 | Sale of Notes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it is for the best interests of the creditors of the assignor, the probate court may order the assignee or trustee for the benefit of creditors to sell without recourse any notes taken for deferred payments at not less than their face value with accrued interest, and direct the distribution of the proceeds.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.29 | Dower Right of Spouse.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When real property is to be sold as provided in sections 1313.21 to 1313.31, inclusive, of the Revised Code, the husband or wife of the assignor may be made a party, and file an answer in the probate court to have such real property sold free of his or her contingent right of dower and to allow him or her in lieu thereof, out of the proceeds of the sale, such sum of money as the court deems the just and reasonable value of the dower interest therein. Such answer has the force and effect, in all respects, of a deed releasing such contingent dower interest in such real property.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1313 | Voluntary Assignments › Section 1313.30 | Court May Order Sale of Mortgaged Real Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the assignor and his wife jointly have executed a mortgage upon real property assigned for the benefit of creditors, or when the assignor alone has executed a mortgage upon any of such real property to secure the payment of purchase money, or a part thereof, the probate court shall order its sale free from the contingent right of dower of such wife, and shall determine the just and reasonable value of her dower interests in the proceeds of sale remaining after the payment of such encumbrances as preclude her right to dower therein.