reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.06 | Confirmer, Nominated Person, and Adviser - Ucc 5-107.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request and for the account of the issuer.
(B) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.
(C) A person requested to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued.
(D) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under division (C) of this section. The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.08 | Fraud and Forgery - Ucc 5-109.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:
(1) The issuer shall honor the presentation, if honor is demanded by (a) a nominated person who has given value in good faith and without notice of forgery or material fraud, (b) a confirmer who has honored its confirmation in good faith, (c) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (d) an assignee of the issuer's or nominated person's deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and
(2) The issuer, acting in good faith, may honor or dishonor the presentation in any other case.
(B) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:
(1) The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;
(2) A beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;
(3) All of the conditions to entitle a person to the relief under the law of this state have been met; and
(4) On the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under division (A)(1) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.09 | Warranties - Ucc 5-110.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) If its presentation is honored, the beneficiary warrants:
(1) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in division (A) of section 1305.08 of the Revised Code; and
(2) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.
(B) The warranties in division (A) of this section are in addition to warranties arising under Chapters 1303., 1304., 1307., and 1308. of the Revised Code because of the presentation or transfer of documents covered by any of those chapters.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.10 | Remedies - Ucc 5-111.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject of the dishonor or repudiation. If the issuer's obligation under the letter of credit is not for the payment of money, the claimant may obtain specific performance or, at the claimant's election, recover an amount equal to the value of performance from the issuer. In either case, the claimant may also recover incidental but not consequential damages. The claimant is not obligated to take action to avoid damages that might be due from the issuer under this division. If, although not obligated to do so, the claimant avoids damages, the claimant's recovery from the issuer must be reduced by the amount of damages avoided. The issuer has the burden of proving the amount of damages avoided. In the case of repudiation the claimant need not present any document.
(B) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach.
(C) If an adviser or nominated person other than a confirmer breaches an obligation under this chapter or an issuer breaches an obligation not covered in division (A) or (B) of this section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this division and division (A) or (B) of this section.
(D) An issuer, nominated person, or adviser who is found liable under division (A), (B), or (C) of this section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.
(E) Reasonable attorney's fees and other expenses of litigation must be awarded to the prevailing party in an action in which a remedy is sought under this chapter.
(F) Damages that would otherwise be payable by a party for breach of an obligation under this chapter may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.11 | Transfer of Letter of Credit - Ucc 5-112.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) Except as otherwise provided in section 1305.12 of the Revised Code, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.
(B) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:
(1) The transfer would violate applicable law; or
(2) The transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer that is within the standard practice referred to in division (E) of section 1305.07 of the Revised Code or is otherwise reasonable under the circumstances.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.12 | Transfer by Operation of Law - Ucc 5-113.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.
(B) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in division (E) of this section, an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in division (E) of section 1305.07 of the Revised Code or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.
(C) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.
(D) Honor of a purported successor's apparently complying presentation under division (A) or (B) of this section has the consequences specified in division (I) of section 1305.07 of the Revised Code even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of section 1305.08 of the Revised Code.
(E) An issuer whose rights of reimbursement are not covered by division (D) of this section or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under division (B) of this section.
(F) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.13 | Assignment of Proceeds - Ucc 5-114.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) As used in this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.
(B) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. The beneficiary may do so before presentation as a present assignment of its right to receive proceeds contingent upon its compliance with the terms and conditions of the letter of credit.
(C) An issuer or nominated person need not recognize an assignment of proceeds of a letter of credit until it consents to the assignment.
(D) An issuer or nominated person has no obligation to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent may not be unreasonably withheld if the assignee possesses and exhibits the letter of credit and presentation of the letter of credit is a condition to honor.
(E) Rights of a transferee beneficiary or nominated person are independent of the beneficiary's assignment of the proceeds of a letter of credit and are superior to the assignee's right to the proceeds.
(F) Neither the rights recognized by this section between an assignee and an issuer, transferee beneficiary, or nominated person nor the issuer's or nominated person's payment of proceeds to an assignee or a third person affect the rights between the assignee and any person other than the issuer, transferee beneficiary, or nominated person. The mode of creating and perfecting a security interest in or granting an assignment of a beneficiary's rights to proceeds is governed by Chapter 1309. of the Revised Code or other law. Against persons other than the issuer, transferee beneficiary, or nominated person, the rights and obligations arising upon the creation of a security interest or other assignment of a beneficiary's right to proceeds and its perfection are governed by Chapter 1309. of the Revised Code or other law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.14 | Statute of Limitations - Ucc 5-115.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
An action to enforce a right or obligation arising under this chapter must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.15 | Choice of Law and Forum - Ucc 5-116.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in section 1305.03 of the Revised Code or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.
(B) Unless division (A) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this division.
(C) Except as otherwise provided in this division, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the uniform customs and practice for documentary credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (1) this chapter would govern the liability of an issuer, nominated person, or adviser under division (A) or (B) of this section, (2) the relevant undertaking incorporates rules of custom or practice, and (3) there is conflict between this chapter and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in division (C) of section 1305.02 of the Revised Code.
(D) If there is conflict between this chapter and Chapter 1303., 1304., or 1309. of the Revised Code, this chapter governs.
(E) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with division (A) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.16 | Subrogation of Issuer, Applicant, and Nominated Person - Ucc 5-117.

Effective:
July 1, 1998
Latest Legislation:
House Bill 338 - 122nd General Assembly
(A) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant.
(B) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation of the issuer to the rights of the beneficiary stated in division (A) of this section.
(C) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:
(1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant;
(2) The beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary; and
(3) The applicant to the same extent as if the nominated person were the secondary obligor of the underlying obligation owed to the applicant.
(D) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in divisions (A) and (B) of this section do not arise until the issuer honors the letter of credit or otherwise pays and the rights in division (C) of this section do not arise until the nominated person pays or otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this section present or prospective rights forming the basis of a claim, defense, or excuse.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1305 | Letters of Credit › Section 1305.18 | Security Interest of Issuer or Nominated Person - Ucc 5-118.

Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
(A) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation.
(B) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under division (A) of this section, the security interest continues and is subject to Chapter 1309. of the Revised Code, but:
(1) A security agreement is not necessary to make the security interest enforceable under division (B)(3) of section 1309.203 of the Revised Code;
(2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and
(3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.02 | Scope of Chapter - Exceptions.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
(A) Except as provided in division (B) of this section, sections 1306.01 to 1306.23 of the Revised Code apply to electronic records and electronic signatures relating to a transaction.
(B) Sections 1306.01 to 1306.23 of the Revised Code do not apply to a transaction to the extent it is governed by any of the following:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;
(2) Chapter 1301., except section 1301.306, and Chapters 1303., 1304., 1305., 1307., 1308., and 1309. of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.03 | Prospective Application of Chapter.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
Sections 1306.01 to 1306.23 of the Revised Code apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of sections 1306.01 to 1306.23 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.04 | Applicability - Agreements.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) Sections 1306.01 to 1306.23 of the Revised Code do not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(B) Sections 1306.01 to 1306.23 of the Revised Code apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(C) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this division may not be waived by agreement.
(D) Except as otherwise provided in sections 1306.01 to 1306.23 of the Revised Code, any of the provisions of such sections may be varied by agreement. The presence in certain provisions of sections 1306.01 to 1306.23 of the Revised Code of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(E) Whether an electronic record or electronic signature has legal consequences is determined by sections 1306.01 to 1306.23 of the Revised Code and other applicable law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.05 | Citation, Construction and Application of Chapter.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
Sections 1306.01 to 1306.15 of the Revised Code may be known and cited as the "uniform electronic transactions act" and shall be construed and applied as follows:
(A) To facilitate electronic transactions consistent with other applicable law;
(B) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices;
(C) To effectuate its general purpose to make uniform the law with respect to the subject of sections 1306.01 to 1306.15 of the Revised Code among states enacting the uniform electronic transactions act.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.06 | Electronic Record or Signature Satisfies Legal Requirements.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(B) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(C) If a law requires a record to be in writing, an electronic record satisfies the law.
(D) If a law requires a signature, an electronic signature satisfies the law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.07 | Electronic Record Capable of Retention by Recipient at Time of Receipt.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) If the parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(B) If a law other than sections 1306.01 to 1306.23 of the Revised Code requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, all of the following apply:
(1) The record shall be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in division (D)(2) of this section, the record shall be sent, communicated, or transmitted by the method specified in the other law.
(3) The record shall contain the information formatted in the manner specified in the other law.
(C) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(D) Divisions (A), (B), and (C) of this section may not be varied by agreement, except as follows:
(1) To the extent a law, other than sections 1306.01 to 1306.23 of the Revised Code, requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under division (A) of this section that the information be in the form of an electronic record capable of retention also may be varied by agreement;
(2) A requirement under a law, other than sections 1306.01 to 1306.23 of the Revised Code, to send, communicate, or transmit a record by regular mail may be varied by agreement to the extent permitted by the other law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.08 | When Electronic Record or Signature Is Attributable to Person - Effect.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature is attributable.
(B) The effect of an electronic record or electronic signature attributed to a person under division (A) of this section shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.09 | Effect of Change or Error in Transmission.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) If a change or error in an electronic record occurs in a transmission between parties to a transaction, both of the following apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person, if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual does all of the following:
(a) The individual promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.
(b) The individual takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.
(c) The individual has not used or received any benefit or value from the consideration, if any, received from the other person.
(B) If divisions (A)(1) and (2) of this section do not apply, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(C) Divisions (A)(2) and (B) of this section may not be varied by agreement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.10 | Notary, Acknowledgment, Verification or Oath Requirement.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.11 | Requirement That Record Be Retained - Original Records.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record if both of the following are satisfied:
(1) The electronic record accurately and completely reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise.
(2) The electronic record remains accessible for later reference.
(B) A requirement to retain a record in accordance with division (A) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(C) A person satisfies division (A) of this section by using the services of another person if the requirements of that division are satisfied.
(D) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with division (A) of this section.
(E) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with division (A) of this section.
(F) A record retained as an electronic record in accordance with division (A) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or similar purposes, unless a law enacted after the effective date of this section specifically prohibits the use of an electronic record for the specified purpose.
(G) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.13 | Automated Transaction - Contracts - Terms.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
In an automated transaction, all of the following apply:
(A) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(B) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(C) The terms of the contract described in this section are determined by the substantive law applicable to the contract.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.16 | Enforceability Against Consumer.

Effective:
November 5, 2004
Latest Legislation:
House Bill 204 - 125th General Assembly
(A) A provision of a nonelectronic contract involving a consumer and to which a state agency or a county office is not a party that authorizes the conducting of a transaction or any part of a transaction by electronic means is unenforceable against the consumer, unless the consumer separately signs the provision.
(B) A consumer's agreement to conduct a transaction or a part of a transaction electronically shall not be inferred solely from the fact that the consumer has used electronic means to pay an account or register a purchase or warranty.
(C) Divisions (A) and (B) of this section apply to every transaction described in those divisions notwithstanding any other provision of this chapter. This section shall not be varied by agreement.
(D) For purposes of this section:
(1) "Consumer" means an individual who is involved in a transaction primarily for personal, family, or household purposes.
(2) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
(3) "County office" means any officer, department, board, commission, agency, court, or other instrumentality of a county.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.17 | Commercial Reasonableness of Security Procedure.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) This section and section 1306.18 of the Revised Code apply to the attribution of electronic records and electronic signatures among parties that are not state agencies.
(B) For purposes of this section and section 1306.18 of the Revised Code, the commercial reasonableness of a security procedure is to be determined by a court. In making this determination, both of the following apply:
(1) A security procedure established by statute or regulation is effective for transactions covered by the statute or regulation.
(2) Except as otherwise provided in division (B)(1) of this section, the commercial reasonableness and effectiveness is to be determined in light of the purposes of the security procedure and the commercial circumstances at the time the parties agree to or adopt the procedure.
(C) As used in this section, "state agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.18 | Security Procedures.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) If there is a security procedure between the parties with respect to an electronic signature or electronic record, both of the following apply:
(1) The effect of compliance with a security procedure established by a law or regulation is determined by that law or regulation.
(2) In all other cases than those described in division (A)(1) of this section, if the parties agree to use or otherwise knowingly adopt a security procedure to verify the person from which an electronic signature or electronic record has been sent, the electronic signature or electronic record is attributable to the person identified by the security procedure, if the person relying on the attribution establishes all of the following:
(a) The security procedure is commercially reasonable.
(b) The party accepted or relied on the electronic message in good faith and in compliance with the security procedure and any additional agreement with or separate instructions of the other party.
(c) The security procedure indicates that the electronic message is from the person to which attribution is sought.
(B) If the electronic signature or electronic record is not attributable to a party under section 1306.08 of the Revised Code but is attributable to the party under other provisions of this section, then, notwithstanding the other provisions of this section, the electronic signature or electronic record is not attributable to the party if the party establishes that the electronic signature or electronic record was caused directly or indirectly by a person meeting any of the following:
(1) The person was not entrusted at any time with the right or duty to act for the party with respect to such electronic signature or electronic record or security procedure.
(2) The person lawfully obtained access to transmitting facilities of the party, if such access facilitated the misuse of the security procedure.
(3) The person obtained, from a source controlled by the party, information facilitating misuse of the security procedure.
(C) If the parties use a commercially reasonable security procedure to detect errors or changes with respect to an electronic signature or electronic record, both of the following apply:
(1) The effect of a security procedure is determined by the agreement between the parties, or, in the absence of an agreement, by this section or any law establishing the security procedure.
(2) Unless the circumstances indicate otherwise, if a security procedure indicates that an electronic signature or electronic record has not been altered since a particular time, it shall be treated as not having been altered since that time.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.19 | Exemption for Consumer Transactions.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
Sections 1306.17 and 1306.18 of the Revised Code do not apply to transactions to which a consumer is a party.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.21 | Rules for State Agency Use of Electronic Records or Electronic Signatures.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) With regard to state agency use of electronic records or electronic signatures, the department of administrative services, in consultation with the state archivist, shall adopt rules in accordance with section 111.15 of the Revised Code setting forth all of the following:
(1) The minimum requirements for the method of creation, maintenance, and security of electronic records and electronic signatures;
(2) If electronic records must be signed by electronic means, all of the following:
(a) The type of electronic signature required;
(b) The manner and format in which the electronic signature must be affixed to the electronic record;
(c) The identity of, or criteria that must be met by, any third party used by the person filing a document to facilitate the process.
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records;
(4) Any other required attributes for electronic records that are specified for corresponding nonelectronic records or are reasonably necessary under the circumstances.
(B)(1) The department of administrative services may adopt rules in accordance with section 111.15 of the Revised Code to ensure consistency and interoperability among state agencies with regard to electronic transactions, electronic signatures, and security procedures.
(2) If the department of administrative services adopts rules pursuant to division (B)(1) of this section, the department shall consider consistency in applications and interoperability with governmental agencies of this state, agencies of other states, the federal government, and nongovernmental persons to the extent practicable when adopting rules pursuant to that division.
(C) With regard to electronic transactions, electronic signatures, and security procedures, the department of administrative services may publish recommendations for governmental agencies and nongovernmental persons to promote consistency and interoperability among nongovernmental persons, agencies of this state and other states, and the federal government.
(D) For purposes of this section, "state agency" has the same meaning as in section 1306.20 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.22 | Use of Electronic Records and Electronic Signatures by General Assembly and Courts.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
(A) Nothing in sections 1306.01 to 1306.23 of the Revised Code shall be construed to require the general assembly, any legislative agency, the supreme court, the other courts of record in this state, or any judicial agency to use or permit the use of electronic records and electronic signatures.
(B) The general assembly and the supreme court may adopt rules pertaining to the use of electronic records and electronic signatures by their respective bodies and agencies.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1306 | Uniform Electronic Transactions Act › Section 1306.23 | Exemptions to Public Records Laws.

Effective:
September 14, 2000
Latest Legislation:
House Bill 488 - 123rd General Assembly
Records that would disclose or may lead to the disclosure of records or information that would jeopardize the state's continued use or security of any computer or telecommunications devices or services associated with electronic signatures, electronic records, or electronic transactions are not public records for purposes of section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1307 | Documents of Title › Section 1307.101 | Short Title - Ucc 7-101.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
Short title [UCC 7-101]
(A) This chapter may be cited as "Uniform Commercial Code, documents of title."
(B) This chapter uses the numbering system of the national conference of commissioners on uniform state laws. The digits to the right of the decimal point are sequential and not supplemental to any preceding Revised Code section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1307 | Documents of Title › Section 1307.102 | Definitions and Index of Definitions - Ucc 7-102.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
Definitions and index of definitions [UCC 7-102]
(A) As used in sections 1307.101 to 1307.603 of the Revised Code, unless the context otherwise requires:
(1) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document of the title acknowledges possession of goods and contracts to deliver them.
(2) "Carrier" means a person that issues a bill of lading.
(3) "Consignee" means a person named in a bill of lading to which or to whose order the bill promises delivery.
(4) "Consignor" means a person named in a bill of lading as the person from which the goods have been received for shipment.
(5) "Delivery order" means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
(6) "Good faith" has the same meaning as in section 1301.201 of the Revised Code.
(7) "Goods" means all things that are treated as movable for the purposes of a contract of storage or transportation.
(8) "Issuer" means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer's instructions.
(9) "Person entitled under the document" means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title.
(10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic sound, symbol, or process.
(12) "Shipper" means a person that enters into a contract of transportation with a carrier.
(13) "Warehouse" means a person engaged in the business of storing of goods for hire.
(B) As used in sections 1307.101 to 1307.603 of the Revised Code, "contract for sale" and "receipt" of goods have the meaning set forth in section 1302.01 of the Revised Code, and "lessee in the ordinary course of business" has the meaning set forth in section 1310.01 of the Revised Code.
(C) In addition, Chapter 1301. of the Revised Code contains general definitions and principles of construction and interpretation applicable throughout this chapter.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1307 | Documents of Title › Section 1307.103 | Relation of Chapter 1307. of the Revised Code to Treaty or Statute - Ucc 7-103.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
Relation of Chapter 1307. of the Revised Code to treaty or statute [UCC 7-103]
(A) Sections 1307.101 to 1307.603 of the Revised Code are subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable.
(B) Sections 1307.101 to 1307.603 of the Revised Code do not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in those sections. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.
(C) Sections 1307.101 to 1307.603 of the Revised Code modify, limit, and supersede the federal "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. section 7001, et seq., but do not modify, limit, or supersede section 101(c) of that act (15 U.S.C. section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. section 7003(b)).
(D) To the extent there is a conflict between Chapters 1306. and 1307. of the Revised Code, Chapter 1307. of the Revised Code governs.