reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.40 | Accord and Satisfaction by Use of Instrument - Ucc 3-311.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, all the following apply:
(A) Unless division (B) of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
(B) Subject to division (C) of this section, a claim is not discharged under division (A) of this section if either of the following applies:
(1) The claimant, if an organization, proves both of the following:
(a) Within a reasonable time before the person against whom the claim is asserted tendered the instrument to the claimant, the claimant sent a conspicuous statement to the person that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place.
(b) The instrument or accompanying communication was not received by that designated person, office, or place.
(2) The claimant, whether or not an organization, proves that within ninety days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. Division (B)(2) of this section does not apply if the claimant is an organization that sent a statement complying with division (B)(1) of this section.
(C) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.41 | Signature - Ucc 3-401.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) A person is not liable on an instrument unless the person signed the instrument or the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person pursuant to section 1303.42 of the Revised Code.
(B) A signature may be made manually or by means of a device or machine and by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.42 | Signature by Representative - Ucc 3-402.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is so bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.
(B) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person under division (A) of this section, all of the following rules apply:
(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.
(2) Subject to division (C) of this section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or if the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.
(C) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.43 | Unauthorized Signature - Ucc 3-403.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) Unless otherwise provided in this chapter or sections 1304.01 to 1304.40 of the Revised Code, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter.
(B) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.
(C) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.44 | Impostors - Fictitious Payees - Ucc 3-404.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(B) If a person whose intent determines to whom an instrument is payable under division (A) or (B) of section 1303.08 of the Revised Code does not intend the person identified as payee to have any interest in the instrument or if the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:
(1) Any person in possession of the instrument is its holder.
(2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.
(C) Under division (A) or (B) of this section, an indorsement is made in the name of a payee if it is made in a name substantially similar to that of the payee or if the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.
(D) With respect to an instrument to which division (A) or (B) of this section applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.45 | Drawee Not Liable on Unaccepted Draft - Ucc 3-408.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.46 | Acceptance of Draft - Certified Check - Ucc 3-409.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) "Acceptance" means the drawee's signed agreement to pay the draft as presented. It must be written on the draft, and may consist of his signature alone. Acceptance may be made at any time and becomes effective when notification is given pursuant to instructions or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.
(B) A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete, is overdue, or has been dishonored.
(C) If a draft is payable at a fixed period after sight and the acceptor fails to date his acceptance, the holder may complete the acceptance by supplying a date in good faith.
(D) "Certified check" means a check accepted by the bank on which it is drawn. Acceptance may be made as described in division (A) of this section or by a writing on the check that indicates that the check is certified. The drawee of a check has no obligation to certify the check, and the drawee's refusal to certify is not dishonor of the check.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.47 | Employer's Responsibility for Fraudulent Indorsement by Employee - Ucc 3-405.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) As used in this section:
(1) "Employee" includes an independent contractor and an employee of an independent contractor retained by the employer.
(2) "Fraudulent indorsement" means either of the following:
(a) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer;
(b) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.
(3) "Responsibility" with respect to instruments means authority to do any of the following:
(a) To sign or indorse instruments on behalf of the employer;
(b) To process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition;
(c) To prepare or process instruments for issue in the name of the employer;
(d) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer;
(e) To control the disposition of instruments to be issued in the name of the employer;
(f) To act otherwise with respect to instruments in a responsible capacity.
"Responsibility" with respect to instruments does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.
(B) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
(C) Under division (B) of this section, an indorsement is made in the name of the person to whom an instrument is payable if it is made in a name substantially similar to the name of that person or if the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.48 | Acceptance Varying Draft - Ucc 3-410.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to cancel his acceptance.
(B) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place.
(C) If the holder assents to an acceptance varying the terms of the draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.49 | Negligence Contributing to Forged Signature or Alteration of Instrument - Ucc 3-406.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.
(B) Under division (A) of this section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded under division (A) of this section from asserting an alteration or forgery and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(C) Under division (A) of this section, the burden of proving that a failure to exercise ordinary care contributed to an alteration of an instrument or to the making of a forged signature on an instrument is on the person asserting the preclusion. Under division (B) of this section, the burden of proving that a failure to exercise ordinary care in paying or taking an instrument substantially contributed to loss is on the person precluded.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.50 | Alteration - Ucc 3-407.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) "Alteration" means either of the following:
(1) An unauthorized change in an instrument that purports to modify in any respect the obligation of a party.
(2) An unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
(B) Except as provided in division (C) of this section, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.
(C) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument according to its original terms or, if the incomplete instrument was altered by unauthorized completion, according to its terms as completed.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.51 | Refusal to Pay Cashier's Checks, Teller's Checks and Certified Checks - Ucc 3-411.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) As used in this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.
(B) If the obligated bank wrongfully refuses to pay a cashier's check or certified check, wrongfully stops payment of a teller's check, or wrongfully refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(C) Expenses or consequential damages otherwise recoverable under division (B) of this section are not recoverable if the refusal of the obligated bank to pay occurs because of any of the following:
(1) The bank suspends payments.
(2) The obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument.
(3) The obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument.
(4) Payment is prohibited by law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.52 | Obligation of Issuer of Note or Cashier's Check - Ucc 3-412.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
The issuer of a notice or cashier's check or other draft drawn on the drawer is obliged to pay the instrument in accordance with either of the following:
(A) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder;
(B) If the issuer signed an incomplete instrument, according to its terms when completed in accordance with sections 1303.11 and 1303.50 of the Revised Code. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 1303.55 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.53 | Obligation of Acceptor - Ucc 3-413.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The acceptor of a draft is obliged to pay the draft in accordance with one of the following:
(1) According to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms;
(2) If the acceptance varies the terms of the draft, according to the terms of the draft as varied;
(3) If the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft pursuant to section 1303.54 or 1303.55 of the Revised Code.
(B) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. The obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course if all of the following apply:
(1) The certification or acceptance does not state an amount.
(2) The amount of the instrument is subsequently raised.
(3) After the amount of the instrument is subsequently raised, the instrument is negotiated to a holder in due course.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.54 | Obligation of Drawer - Ucc 3-414.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) This section does not apply to cashier's checks or other drafts drawn on the drawer.
(B) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft in accordance with either of the following:
(1) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder;
(2) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code.
The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under section 1303.55 of the Revised Code.
(C) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(D) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under division (A) and (C) of section 1303.55 of the Revised Code.
(E) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft and the draft is not a check, the drawer is not liable under division (B) of this section to pay the draft. A disclaimer of the liability stated in division (B) of this section is not effective if the draft is a check.
(F) If a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, the drawee suspends payments after expiration of the thirty-day period without paying the check, and, because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.55 | Obligation of Indorser - Ucc 3-415.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) Subject to divisions (B), (C), (D), and (E) of this section and to division (D) of section 1303.59 of the Revised Code, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument according to the terms of the instrument at the time it was indorsed, or, if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(B) If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under division (A) of this section to pay the instrument.
(C) If notice of dishonor of an instrument is required by section 1303.63 of the Revised Code and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under division (A) of this section is discharged.
(D) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under division (A) of this section is discharged.
(E) If an indorser of a check is liable under division (A) of this section and the check is not presented for payment, or given to a depositary bank for collection, within thirty days after the day the indorsement was made, the liability of the indorser under division (A) of this section is discharged.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.56 | Transfer Warranties - Ucc 3-416.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(A) A person who transfers an instrument for consideration warrants all of the following to the transferee and, if the transfer is by indorsement, to any subsequent transferee:
(1) The warrantor is a person entitled to enforce the instrument.
(2) All signatures on the instrument are authentic and authorized.
(3) The instrument has not been altered.
(4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor.
(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.
(6) With respect to a remotely created consumer item, the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(B) A person to whom the warranties set forth in division (A) of this section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(C) The warranties set forth in division (A) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under division (B) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(D) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.58 | Payment or Acceptance by Mistake - Ucc 3-418.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) Except as provided in division (C) of this section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to section 1304.32 of the Revised Code, or that the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. The rights of the drawee under this division are not affected by a failure of the drawee to exercise ordinary care in paying or accepting the draft.
(B) Except as provided in division (C) of this section, if an instrument has been paid or accepted by mistake and the case is not covered by division (A) of this section, the person paying or accepting, to the extent permitted by the law governing mistake and restitution, may recover the payment from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance.
(C) The remedies provided by division (A) or (B) of this section may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This division does not limit remedies provided by section 1303.57 or 1304.36 of the Revised Code.
(D) Notwithstanding section 1304.25 of the Revised Code, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under divisions (A) or (B) of this section, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.60 | Conversion of Instrument - Ucc 3-420.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The law applicable to conversion of personal property applies to instruments. An instrument also is converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or if a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by the issuer or acceptor of the instrument or a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.
(B) In an action under division (A) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.
(C) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.61 | Presentment - Ucc 3-501.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank or to accept a draft made to the drawee.
(B) The following rules are subject to sections 1304.01 to 1304.40 of the Revised Code, agreement of the parties, clearing-house rules, and similar laws and rules:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment must do all of the following:
(a) Exhibit the instrument;
(b) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so;
(c) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made may return the instrument for lack of a necessary indorsement, or refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the established cut-off hour.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.63 | Notice of Dishonor - Ucc 3-503.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The obligation of an indorser set forth in division (A) of section 1303.55 of the Revised Code and the obligation of a drawer set forth in division (D) of section 1303.54 of the Revised Code may not be enforced unless one of the following applies:
(1) The indorser or drawer is given notice of dishonor of the instrument complying with this section;
(2) Notice of dishonor is excused under division (B) of section 1303.64 of the Revised Code.
(B) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. The return of an instrument given to a bank for collection is sufficient notice of dishonor.
(C) Subject to division (C) of section 1303.54 of the Revised Code, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given in one of the following ways:
(1) By the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument;
(2) By any other person no later than thirty days after the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given no later than thirty days after the day on which dishonor occurs.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.64 | Excused Presentment and Notice of Dishonor - Ucc 3-504.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) Presentment for payment or acceptance of an instrument is excused under any of the following circumstances:
(1) The person entitled to present the instrument cannot with reasonable diligence make presentment.
(2) The maker or acceptor has repudiated an obligation to pay the instrument, has died, or is in insolvency proceedings.
(3) By the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer.
(4) The drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted.
(5) The drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(B) Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument or if the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(C) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.65 | Evidence of Dishonor - Ucc 3-505.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1) A document regular in form as provided in division (B) of this section that purports to be a protest;
(2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;
(3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business that shows dishonor, even if there is no evidence of who made the entry.
(B) A "protest" is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. A protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.66 | Discharge and Effect of Discharge - Ucc 3-601.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract.
(B) The discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.68 | Tender of Payment - Ucc 3-603.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(B) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(C) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1303 | Commercial Paper › Section 1303.69 | Discharge by Cancellation or Renunciation - Ucc 3-604.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(A) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument in either of the following ways:
(1) By surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, the addition of words to the instrument indicating discharge, or any other intentional voluntary act;
(2) By agreeing not to sue or otherwise renouncing rights against the party by a signed record.
(B) Cancellation or striking out of an indorsement pursuant to division (A) does not affect the status and rights of a party derived from the indorsement.
(C) As used in this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.02 | Applicability - Ucc 4-102.

Effective:
January 1, 1998
Latest Legislation:
House Bill 170 - 122nd General Assembly
(A) To the extent that items within sections 1304.01 to 1304.40 of the Revised Code are also within the scope of Chapter 1303. and Chapter 1308. of the Revised Code, they are subject to those chapters. In the event of conflict, the provisions of sections 1304.01 to 1304.40 of the Revised Code govern those of Chapter 1303., but the provisions of Chapter 1308. of the Revised Code govern those of sections 1304.01 to 1304.40 of the Revised Code.
(B) The liability of a bank for action or non-action with respect to any item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.03 | Variation by Agreement - Measure of Damages - Action Constituting Ordinary Care - Ucc 4-103.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable.
(B) Federal Reserve regulations and operating circulars, clearing house rules, and similar regulations, documents, and rules have the effect of agreements under division (A) of this section, whether or not specifically assented to by all parties interested in items handled.
(C) Action or non-action approved by sections 1304.01 to 1304.40 of the Revised Code or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care, and, in the absence of special instructions, action or non-action consistent with clearing house rules and similar rules or with a general banking usage not disapproved by sections 1304.01 to 1304.40 of the Revised Code is prima facie the exercise of ordinary care.
(D) The specification or approval of certain procedures by sections 1304.01 to 1304.40 of the Revised Code is not disapproval of other procedures that may be reasonable under the circumstances.
(E) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there also is bad faith, the measure of damages includes any other damages the party suffered as a proximate consequence.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.04 | Separate Office of Bank - Ucc 4-107.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given under Chapter 1303. and sections 1304.01 to 1304.40 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.05 | Payable Through or Payable at Bank - Ucc 4-106.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) If an item states that it is "payable through" a bank identified in the item, both of the following apply:
(1) The item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item.
(2) The item may be presented for payment only by or through the bank.
(B) If an item states that it is "payable at" a bank identified in the item, the item is equivalent to a draft drawn on the bank.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.06 | Time of Receipt of Items - Ucc 4-108.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two p.m. or later as a cut-off hour for the handling of money and items and the making of entries on its books.
(B) An item or deposit of money received on any day after a cut-off hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.07 | Delays - Ucc 4-109.

Effective:
August 15, 1996
Latest Legislation:
Senate Bill 155 - 121st General Assembly
(A) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(B) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code or by instructions is excused if the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and the bank exercises whatever diligence that the circumstances require.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.08 | Electronic Presentment - Ucc 4-110.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
(A) "Agreement for electronic presentment" means an agreement, clearing house rule, or federal reserve regulation or operating circular providing that presentment of an item may be made by transmission of an image of an item or information describing the item rather than delivery of the item itself. The "agreement for electronic presentment" may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.
(B) Presentment of an item pursuant to an agreement for electronic presentment is made when the presentment notice is received.
(C) If presentment is made by presentment notice, a reference to "item" or "check" in sections 1304.01 to 1304.40 of the Revised Code means the presentment notice unless the context otherwise indicates.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1304 | Bank Deposits and Collections › Section 1304.09 | Statute of Limitations - Ucc 4-111.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
An action to enforce an obligation, duty, or right arising under sections 1304.01 to 1304.40 of the Revised Code shall be brought within three years after the cause of action accrues.