reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-11 - Separate property management trust accounts

Current through all regulations passed and filed through July 1, 2024
(A) All brokerages engaging in the management
			 of property for another shall establish and maintain a separate trust
			 account(s), to be designated as property management trust account(s), for the
			 deposit of security deposits, rents, and money received from the owner(s) or on
			 the owner's(s') behalf for payment of expenses related to the management of
			 property. Before making disbursements from a property management trust account,
			 the real estate licensee shall ensure that the account balance for
			 that owner's(s') property(ies) is sufficient to cover the
			 disbursements.
(B)
(1) A property management trust account
			 established by a broker may earn interest.
Except as provided in paragraph (B)(2) of this rule, the
				interest earned shall be payable on a pro rata basis to the owner(s) of the
				property(ies) on whose behalf monies are deposited in the property management
				trust account. The interest shall be paid or credited on a regular basis, but
				in no event later than on a quarterly basis.
(2) The property owner(s) and broker may
			 agree that the interest due the owner(s) under this rule will be paid in a
			 manner other than specified in this rule and to a party(ies) other than the
			 owner(s). Any such agreement must be specified in writing, signed by the
			 owner(s) and the broker or an authorized agent of the broker.
(3) Nothing in this rule shall be construed
			 to require that a broker's property management trust account earn
			 interest.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-23 - Property management account(s) in the name of the owner

Current through all regulations passed and filed through July 1, 2024
(A) Brokerages
			 engaged in the management of property for another may, pursuant to a written
			 contract with the property owner, exercise signatory authority for withdrawals
			 from property management account(s) maintained in the name of that property
			 owner. The contract with the property owner shall specify the purposes for
			 which the brokerage may make withdrawals from the owner's account(s) and any
			 dollar limits that exist on the amounts the brokerage may withdraw. Any
			 modification to these specifications must be agreed to in writing.
(B) A brokerage that withdraws funds from a
			 property management account maintained in the name of the property owner,
			 pursuant to a written contract with the property owner, does not violate
			 division (A) of section
			 4735.18 of the Revised Code.
(C) Brokerages engaged in the
			 management of property on behalf of property owners through property management
			 accounts maintained in the owner's name, must comply with paragraphs (C) and
			 (E) of rule
			 1301:5-5-11
			 of the Administrative Code.
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.18(A)(26), 4735.10(d)
Prior Effective Dates:
				1/1/1997
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-24 - Informal mediation meeting accommodations

Current through all regulations passed and filed through July 1, 2024
(A) An informal mediation meeting, in
			 accordance with section
			 4735.051 of the Revised
Code, may be held for the purpose of facilitating an
				accommodation between the complainant and licensee. Any party who participates
				in the informal mediation meeting may be accompanied by legal counsel, whose
				role shall be limited to representing his/her client. "Mediation" is defined by
				division (A) in section
				2710.01 of the Revised
				Code.
(B) Except as
			 provided in Chapter 2710. of the Revised Code, nothing said or done during the
			 informal mediation meeting shall be disclosed by the mediator or
			 division staff or be used as evidence in any subsequent hearing,
			 investigation or other proceeding.
(C) If an accommodation is reached at the
			 informal mediation meeting, the mediator
			 shall prepare an accommodation agreement. The accommodation
			 agreement shall be signed by the persons to be bound by the agreement and
			 the division's mediator on behalf of
			 the superintendent.
(D) In
			 accordance with division (D) of section
			 4735.05 of the Revised Code, the
			 accommodation agreement shall be held in confidence by the superintendent, the
			 mediators and other personnel of the
			 department.
(E) If the
			 superintendent finds the licensee has failed, without good cause shown, to
			 comply with the terms set forth in the accommodation agreement the following
			 shall apply:
(1) The accommodation agreement
			 will be considered null and void; and
(2)
			 The superintendent may proceed with the formal investigation based on the
			 original complaint; and
(3)
			 The licensee's failure to comply with the accommodation agreement shall
			 constitute prima facie evidence of misconduct and shall constitute a violation
			 of division (A)(6) of section
			 4735.18 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-25 - Reconsiderations

Current through all regulations passed and filed through July 1, 2024
(A) The real estate
			 commission shall only consider applications for reconsideration pursuant to
			 section 4735.19 of the Revised Code
			 where a
			 complainant, respondent, or credential applicant has filed
								 newly discovered, material evidence
			 which with reasonable diligence could not have been discovered and produced at
			 the commission hearing or review.
(B) A description of the newly discovered
			 oral evidence and/or documentary evidence shall accompany the application for
			 reconsideration.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-30 - Waiver of duties statement

Current through all regulations passed and filed through July 1, 2024
The appendix to this rule contains the form to be used for
				waiver of duties as required by division (C) of section
				4735.621 of the Revised Code.
				All of the requirements of section 4731.621 of the Revised Code are contained
				in the appendix to this rule.
Click to
				view Appendix
Click to
				view Appendix
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-01 - Management level licensee

Current through all regulations passed and filed through July 1, 2024
(A) A licensee will be found to be a
			 management level licensee under division (FF) of section
			 
									4735.01
								 of the Revised
			 Code if both of the following apply:
(1) The
			 licensee has been assigned management duties that involve oversight
			 responsibilities for the brokerage's main office, a branch office, or a
			 division within that brokerage by its principal
			 broker; and,
(2) Those
			 management duties include the supervision of affiliated licensees whose agency
			 duties to their clients may conflict with those of other licensees affiliated
			 with the brokerage.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-02 - Open houses and referrals

Current through all regulations passed and filed through July 1, 2024
(A) A licensee who acts as a host at an open
			 house on behalf of a listing agent will only be considered to be the agent of
			 the seller if one of the following applies:
(1) The licensee was appointed by the listing
			 agent or the brokerage to represent the seller and the seller agreed in writing
			 to that representation;
(2) The
			 licensee assisted in establishing the agency relationship;
(3) The licensee received confidential
			 information from the listing agent; or
(4)
			 The licensee is a management level licensee as defined in division
			 (FF) of
			 section 
										4735.01
									 of the Revised
			 Code, except as provided in division (C) of section
			 4735.70 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-04 - Agency agreements

Current through all regulations passed and filed through July 1, 2024
(A) Divisions (A)(2) to (A)(4) of section
			 4735.55 of the Revised Code
			 shall only apply to an agency agreement in which the property identified on the
			 agency agreement falls within the definition of housing accommodation as
			 contained in any municipal, state, or federal fair housing laws and regulations
			 and the disclosures required pursuant to section
			 4735.56 of the Revised Code.
(B) Unless exempt under paragraph
			 (A) of this rule, the statement regarding blockbusting shall read as follows:
"It is also illegal, for profit, to induce or attempt to induce
				a person to sell or rent a dwelling by representations regarding the entry into
				the neighborhood of a person or persons belonging to one of the protected
				classes."
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.55, 4735.56
Prior Effective Dates: 1/1/1997,
				1/1/2005
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-05 - Consumer guide to agency relationships

Current through all regulations passed and filed through July 1, 2024
(A) A broker shall develop a consumer guide
			 to agency relationships that contains the written disclosures required by
			 division (B) of section
			 4735.56 of the Revised Code.
(B) The consumer guide to agency
			 relationships shall:
(1) Be entitled
			 "Consumer Guide to Agency Relationships". The title font size shall be no less
			 than fourteen points;
(2) Contain
			 the brokerage name and fair housing logo. The brokerage may also include the
			 brokerage logo, a brokerage franchise name or insignia indicating membership in
			 a real estate organization. The name of any salesperson, team advertising name,
			 unlicensed person or entity shall not be included;
(3) Contain the disclosures required pursuant
			 to divisions (A)(2) and (A)(3) of section
			 4735.55 of the Revised Code, for
			 housing accommodation and vacant land transactions only, in a font size of no
			 less than nine points;
(4) Contain
			 a disclosure that Ohio law requires the guide to be provided to prospective
			 sellers, lessors, purchasers, lessees and the agent is required to obtain their
			 signature acknowledging receipt of the guide;
(5) Contain a disclosure of the brokerage
			 policy on customers that are un-represented;
(6) Provide all required disclosures in a
			 font size of no less than eleven points;
(7) Contain a description of only those forms
			 of agency permissible pursuant to section
			 4735.53 of the Revised Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-06 - Refusal to acknowledge or sign agency disclosure forms

Current through all regulations passed and filed through July 1, 2024
(A)
(1) If a purchaser or seller declines to
			 acknowledge receipt of the "Consumer Guide to Agency Relationships" required
			 pursuant to section 4735.56 of the Revised Code or
			 sign an agency disclosure form that is presented as required by section
			 4735.58 of the Revised Code, the
			 licensee shall note the following on the bottom of the form:
(a) The party(ies) to whom the form was
			 presented;
(b) The date and time
			 the form was presented;
(c) The
			 fact that the party(ies) declines to sign the form; and
(d)
			 The reason the party(ies) declines to sign the form if known.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-07 - Agency disclosure statement

Current through all regulations passed and filed through July 1, 2024
The following appendix A contains the form to be used for the
				agency disclosure statement, as required by section
				4735.57 of the Revised
				Code.
Click to
				view Appendix
Click to
				view Appendix
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-08 - Appointment of licensees

Current through all regulations passed and filed through July 1, 2024
(A) When an agency relationship is formed
			 between a licensee and client, that client may delegate to that licensee, the
			 authority to specifically appoint other licensees within the same brokerage to
			 represent the client's interests. This delegation must be done in writing and
			 must be signed by the client. It must also include language notifying the
			 client of the right to veto the appointment of any other
			 licensee within the brokerage.
(B)
			 If any delegation of authority to appoint as outlined in paragraph (A) of this
			 rule is made, the licensee must notify the client, at the time the appointment
			 takes place, that such an appointment is being made.
(C) When any delegation of authority to
			 appoint as outlined in paragraph (A) of this rule creates a dual agency
			 relationship described in section
			 4735.70 of the Revised Code,
			 both the seller and the purchaser in the transaction must have full knowledge
			 of the dual representation and consent in writing to the dual representation on
			 the agency disclosure statement described in section
			 4735.57 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-09 - Negotiations with a purchaser or tenant

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in section
			 4735.75 of the Revised Code, a
			 licensee shall not negotiate the sale, exchange or lease of any real property
			 directly with the purchaser or tenant if the licensee has actual knowledge that
			 the purchaser or tenant has entered into a written  agency agreement that grants exclusive
			 agency to another real estate broker and that agreement
			 is still in effect.
(B) A
			 licensee is not required to ask a purchaser or tenant whether they have entered
			 into such a written, exclusive agency relationship with another broker; except
			 that a licensee is required to inquire as to the nature of a purchaser or
			 tenant's relationship with another licensee if the licensee has
			 reasonable cause to believe the purchaser or tenant may be currently
			 represented by another licensee.
(C) A licensee may rely upon a definitive
			 representation by a purchaser or tenant that they are not currently subject to
			 a written exclusive agency agreement with another brokerage. In such
			 case, the licensee
								 is not
			 required to verify the accuracy of such a representation by a purchaser or
			 tenant. Following such a representation by a purchaser or tenant a licensee may
			 enter  direct negotiations with a
			 purchaser or tenant.
(D) If the
			 purchaser or tenant does not know whether they have entered into a written
			 exclusive agency agreement with another licensee, a licensee is not permitted
			 to negotiate with that purchaser or tenant until the purchaser,
								 tenant, or the licensee is able to
								 verify that the purchaser or
			 tenant
								has not entered into such a written exclusive
			 agreement with another licensee.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-6 - Management Level Licensees: Dual Agency › Section 1301:5-6-10 - Residential property disclosure form

Current through all regulations passed and filed through July 1, 2024
In accordance with division (D) of section  5302.30  of the
				Revised Code, the attached residential property disclosure form is prescribed
				by the director of commerce to permit transferors of residential real estate to
				disclose material matters relating to the physical condition of the property to
				be transferred, including, but not limited to, the source of water supply to
				the property; the nature of the sewer system serving the property; the
				availability of information relating to the sewage treatment system; the
				condition of the structure of the property, including the roof, foundation,
				walls, and floors; the presence of hazardous materials or substances, including
				lead-based paint, asbestos, urea-formaldehyde foam insulation, and radon gas;
				and any material defects in the property that are within the actual knowledge
				of the transferor.
Click to
				view Appendix
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-04 - Continuing education course completion and certificates

Current through all regulations passed and filed through July 1, 2024
(A) No provider
			 shall certify to the attendance of a licensee who was not
			  present during at least ninety
			 per cent of the course.
(B) The
			 provider shall issue a certificate to a licensee who successfully completed the
			 course. The certificate shall include the following information:
(1) The correct course certification number
			 as issued by the division of real estate and professional licensing;
(2) Licensee's full name;
(3) Licensee's formatted credential
			 number;
(4) Date of course
			 attendance;
(5) Course hours
			 completed;
(6) Course
			 title;
(7) Instructor's full
			 name;
(8) Provider's name and
			 address; and
(9) Provider's
			 attendance verifier's name and signature.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-05 - Continuing education course denials

Current through all regulations passed and filed through July 1, 2024
(A)
								The
			 superintendent may deny the initial application or renewal for any continuing
			 education course if the superintendent finds that the course does not meet the
			 requirements of Chapter 4735. of the Revised Code or of rules
			 1301:5-7-02
			 to
			 1301:5-7-04
			 of the Administrative Code.
(B)
								If the
			 superintendent determines an initial offering or an offering previously
			 approved does not or no longer meets prescribed standards set forth in Chapter
			 4735. of the Revised Code or this rule, a written notice of withdrawal of
			 approval will be given stating the reasons therefore. Such withdrawal of
			 approval will be effective ten days from the date of the notice of
			 withdrawal.
(C)
								Any applicant who wishes to appeal a denial of approval
			 by the superintendent shall file a written request for hearing. Such request
			 must be received by the division no later than thirty days after the date of
			 the written notice of denial or withdrawal of approval. If a request for
			 hearing is timely filed, a hearing before the Ohio real estate commission shall
			 be scheduled.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-06 - Continuing education course fees and penalties

Current through all regulations passed and filed through July 1, 2024
(A)
								A course provider
			 proposing to offer continuing education credit to license renewal applicants
			 shall remit to the division of real estate and professional licensing annual
			 fees in accordance with the following schedule:
(1)
									For each
			 application for initial approval of a continuing education course: fifty
			 dollars;
(2)
									For each offering of an approved course after the
			 initial course: ten dollars;
(3)
									For each
			 continuing education course renewal: twenty dollars;
(4)
									For amendment of
			 an approved course offering: ten dollars.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-07 - Continuing education instructors

Current through all regulations passed and filed through July 1, 2024
(A)
								Persons seeking
			 approval to be an instructor of a continuing education course shall submit to
			 the division of real estate and professional licensing on the appropriate form
			 prescribed by the division certifying that they meet at least one of the
			 following qualifications:
(1)
									Possession of a bachelor's degree in a related field to
			 that in which the person is to teach, from a school listed as an institution of
			 higher learning by the United States department of education, or from a
			 comparable school of a foreign country;
(2)
									Possession of a
			 valid teaching credential or certificate from Ohio or another state authorizing
			 the holder to teach in the field of instruction in which the person is to
			 teach;
(3)
									Five years full-time experience in a profession, trade,
			 or technical occupation in the applicable field;
(4)
									Any combination
			 of at least five years of full-time experience relevant to the applicable field
			 and college level education.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-08 - Distance education

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 this rule, the term "distance education" refers to educational programs in
			 which instruction is accomplished through the use of interactive, electronic
			 media and where the teacher and student are not physically in the same location
			 at the time the course is being taught.
(B)
								An entity shall
			 apply to the division of real estate and professional licensing for distance
			 education course approval in a form prescribed by the superintendent of real
			 estate and include a nonrefundable processing fee of two hundred dollars. The
			 application form and processing fee must be submitted to the division at least
			 forty-five days prior to the proposed initial date of the offering. Distance
			 education courses completed by a licensee prior to being approved will not
			 qualify for continuing education credit.
(C)
								For the purposes
			 of this rule, the term "hours of classroom education" shall mean the amount of
			 time necessary to complete the course, without interruption.
(D)
								In addition to
			 the information required on the application form prescribed by the
			 superintendent, an application for approval for a distance education course
			 shall include the following and any other documentation or information
			 requested by the superintendent:
(1)
									A complete copy of the course on the medium that is to
			 be utilized and, if requested by the superintendent, the sponsor must make
			 available at the sponsor's expense all software necessary for the
			 superintendent to review the submitted course;
(2)
									Any other
			 relevant information useful in determining that the entity proposes an offering
			 which will contribute to desired current knowledge for the purpose of
			 protecting the consumer and improving service by real estate
			 licensees;
(3)
									A summary of course design, including methods used to
			 ensure active student participation, a detailed course outline of topics
			 covered, a time sequence for the hours requested, estimation of length of time
			 it should take a student to complete the course;
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-7 - Continuing Education › Section 1301:5-7-09 - Post-licensing education

Current through all regulations passed and filed through July 1, 2024
(A) Post-licensing education courses for
			 brokers and salespeople shall be completed in seminars, schools, and
			 educational institutions which are not limited to institutions providing
			 two-year or four-year degrees but may include qualifying public or private
			 schools, firms, associations, organizations, individuals, corporations, or
			 similar arrangements.
(B) Providers
			 of the post-licensing education for brokers shall use the curriculum approved
			 by the Ohio real estate commission. Providers of the post-licensing education
			 for salespersons shall, at a minimum, use the course learning objectives
			 approved by the Ohio real estate commission.
(C) An applicant for provider approval shall
			 apply to the division of real estate and professional licensing for approval on
			 the appropriate form prescribed by the division. The initial application form
			 must be submitted to the division at least ninety days prior to the proposed
			 initial date of the offering.
(D)
			 The commission will act on all applications to provide post-licensing education
			 for brokers. The superintendent will act on all applications to provide
			 post-licensing education for salespersons. When acting on an application for
			 approval of a post education provider consideration will be given, but not be
			 limited to, the following criteria:
(1)
			 Information included on the application form:
(a) Name, address and telephone number of
			 provider;
(b) Name and contact
			 information for person(s) authorized to act on behalf of provider;
(c) Policy regarding attendance and procedure
			 for recordkeeping of attendance;
(d) A summary including but not limited to:
(i) Brief description of the provider and its
			 educational standard;
(ii) Form of
			 attendance certificate;
(iii)
			 Method of record maintenance;
(iv)
			 Sample of proposed advertising, if any;
(v) Attendance or participation
			 fees;
(vi) Location of
			 offering;
(e) Such other
			 information as the Ohio real estate commission or superintendent may
			 request;
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-1 - General Provisions › Section 1301:6-1-01 - Opinion as to value or merit of a security

Current through all regulations passed and filed through July 1, 2024
The division will not issue a statement or opinion as to the
				value or merit of any security nor give its endorsement to any security or plan
				of sale.
Five Year Review (FYR) Dates:
				06/08/2015 and
				06/08/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1707.20
Rule
				Amplifies: 1707.01, et seq.
Prior Effective Dates:
				12/31/75
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-03 - Exempt transactions

Current through all regulations passed and filed through July 1, 2024
(A) Definitions. For the purposes of this
			 rule and section
			 1707.03 of
			 the Revised Code:
(1) "Bank" shall have the
			 meaning specified in division (O) of section
			 1707.01 of
			 the Revised Code.
(2) "Escrow
			 Agreement" shall mean a written instrument established by a dealer registered
			 with the securities and exchange commission in accordance with the standards
			 set forth in 17 CFR 15c2-4(b), as amended, or a written instrument signed by
			 the issuer and the bank, the deposits of which are insured by the federal
			 deposit insurance corporation and which is not an affiliate, subsidiary, or
			 parent of the issuer, which instrument provides for the establishment of an
			 escrow account with the bank, establishes procedures for the prompt deposit
			 into the escrow account of funds received from purchasers, specifies that no
			 funds will be disbursed from the escrow account until a minimum stated amount
			 of the securities have been sold and the proceeds have been deposited into the
			 escrow account, and specifies a termination date when the proceeds held in the
			 escrow account will be returned without deduction to the purchasers if the
			 proceeds for a minimum stated amount of the securities have not been deposited
			 in the escrow account.
(3)
			 "Mortgage-backed security" shall mean indebtedness, a participation in
			 indebtedness, or other interest in indebtedness secured by a mortgage lien upon
			 real estate, or a participation in or other interest in a syndicate, pool,
			 trust, or other entity consisting of indebtedness secured by a mortgage lien
			 upon real estate.
(4) "Retail
			 repurchase agreement" shall mean indebtedness arising from the sale of a
			 security or pool of securities that is a direct obligation of or is fully
			 guaranteed by the United States government or an agency thereof, or
			 indebtedness collateralized by an interest in a security or pool of securities
			 that is a direct obligation of or is fully guaranteed by the United States
			 government or an agency thereof.
(5) "Ten per cent of the initial offering
			 price" shall mean an amount equal to ten percent of the offering price of the
			 securities actually sold.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-04.1 - Control bids

Current through all regulations passed and filed through July 1, 2024
(A)
			 If an offeror makes a control bid for any securities of a subject company
			 pursuant to a tender offer or request or invitation for tenders that is not
			 subject to section 14(d) of the Securities Exchange Act of 1934,
			 15
			 U.S.C.A. 78a, as amended, any person who
			 deposits securities pursuant to the tender offer, request or invitation has the
			 right to withdraw such securities during the period such offer, request or
			 invitation remains open.
(B) The
			 division shall:
(1) Terminate a control bid
			 filing made pursuant to section
			 1707.041
			 of the Revised Code if all of the following conditions are met:
(a) Pursuant to division (A)(3) of section
			 1707.041
			 of the Revised Code, the division suspends the continuation of the control
			 bid;
(b) Pursuant to division of
			 (A)(4) of section
			 1707.041
			 of the Revised Code, the division maintains the suspension of the control bid;
			 and
(c) The control bid remains
			 suspended for sixty days after the date the division maintains the
			 suspension.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-08 - Registration by description

Current through all regulations passed and filed through July 1, 2024
(A) A registration by description shall have
			 a period of effectiveness of sixteen months.
(B) Notwithstanding paragraph (A) of this
			 rule and upon good cause shown, the division may grant an extended period of
			 effectiveness for a registration by description that does not exceed
			 twenty-four months.
Five Year Review (FYR) Dates:
				06/08/2015 and
				06/08/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1707.20
Rule
				Amplifies: 1707.08
Prior
				Effective Dates: 8-3-78, 10-26-84, 1-17-92,
				9-16-03
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-09 - Registration by qualification

Current through all regulations passed and filed through July 1, 2024
(A) Application.
(1) An application to register securities by
			 qualification in accordance with section (
			 707.09 of the Revised Code shall
			 be made on a form 9 of the division or on form U-1 of the North American
			 securities administrators association, and shall, as applicable, be accompanied
			 by a division form 11 or a form U-2, and a form U-2(A) of the North American
			 securities administrators association.
(2) Whenever any statement or report, however
			 characterized, prepared by an independent accountant is to be used in
			 connection with an offering circular, prospectus, or other advertising, the
			 issuer shall furnish the division a letter from the accountant consenting to
			 the use of the statement or report by the issuer.
(3) The division may require that an
			 appropriate cross reference sheet of the North American securities
			 administrators association be submitted with any application.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-09.1 - Registration by coordination

Current through all regulations passed and filed through July 1, 2024
(A) A registration statement filed pursuant
			 to section
			 1707.091
			 of the Revised Code shall include the following documents in addition to the
			 information specified in divisions (B)(1) and (B)(4) of section
			 1707.091
			 of the Revised Code, and the consent to service of process required by section
			 1707.11 of the
			 Revised Code, unless the division permits otherwise:
(1) A copy of the articles of incorporation
			 and code of regulations or bylaws, or their substantial equivalent currently in
			 effect;
(2) A copy of any
			 agreements with or among underwriters;
(3) A copy of any indenture or other
			 instrument governing the issuance of the security to be registered;
(4) A specimen or copy of the security;
			 and
(5) Any other information or
			 copies of any other documents filed with the securities and exchange
			 commission.
The application may be made on division forms or on forms U-1,
				U-2, and U-2(A).
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-09.3 - Electronic filings

Current through all regulations passed and filed through July 1, 2024
(A) Issuers may elect to submit notice
			 filings to the division electronically.
(1)
									Investment companies that have registered securities,
			 or have filed a registration statement, under the Investment Company Act of
			 1940, 
										15 U.S.C.
			 80a-1 et seq., as amended,
			  issuers relying on Rule 506 of
			 Regulation D, 
										17
			 CFR 230.506, as amended, eligible tier 2
			 issuers pursuant to Regulation A,
			 17 CFR 230.251
			 et seq., or eligible issuers relying on "Regulation Crowdfunding,"
			 17 CFR
			 227.100 et seq.,
									 may submit electronic filings
			 to the division.
(2) Investment
			 companies shall submit a Form NF for electronic filings.
(3) Issuers relying on Rule 506 of Regulation
			 D, 
										17
			 CFR 230.506, as amended, shall file a
			 Form D for electronic filings.
(4)
									Eligible tier 2 issuers relying on Regulation A,
			 17 CFR 230.251
			 et seq., shall submit parts I-III of Form 1-A, amendments, "Notice of
			 Qualification or Withdrawal," annual reports and amendments to annual
			 reports.
(5)
									Eligible issuers relying on "Regulation Crowdfunding,"
			 17 CFR
			 227.100 et seq., shall file Form C,
			 amendments, updates, annual reports, amendments to annual reports and
			 termination reports.
(6)
									The division may require or waive such other additional
			 information for the protection of investors or to assess the elibibility of the
			 issuer for notice filing.
(7) A Form U-2
			 "Uniform Consent to Service of Process" must be submitted if required by section
			 1707.11 of the
			 Revised Code.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-12 - Documents open to inspection

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of division (B) of section
			 1707.12
			 of the Revised Code, information obtained by the division through any offering
			 materials filed with the division in connection with exempt transactions under
			 division (Q)  of section
			 1707.03 of
			 the Revised Code or through any investigation may be made available by the
			 division for inspection by the "Financial Industry Regulatory
			 Authority."
(B) For purposes of
			 division (C) of section
			 1707.12
			 of the Revised Code, confidential law enforcement investigatory records and
			 trial preparation records of the division or any other law enforcement or
			 administrative agency in the possession of the division may be made available
			 by the division for inspection by the "Financial Industry Regulatory
			 Authority."
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-13 - Withdrawal of application or notice filing

Current through all regulations passed and filed through July 1, 2024
(A) If an application to register securities
			 pursuant to section 1707.09,
			 1707.091, or
			 1707.39 of the Revised Code has
			 been on file with the division for more than one year without becoming
			 registered, the division may withdraw the application without prejudice and
			 refund the qualification fee.
(B)
			 If a notice filing submitted to the division pursuant to section
			 1707.092 of the Revised Code has
			 been on file with the division for more than one year without becoming
			 effective, the division may withdraw the notice filing and refund the filing
			 fee.
Five Year Review (FYR) Dates:
				06/08/2015 and
				06/08/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1707.20
Rule
				Amplifies: 1707.13
Prior
				Effective Dates: 10/26/84, 1/28/00
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-14.1 - Notice filing for certain investment advisers; duty to update

Current through all regulations passed and filed through July 1, 2024
(A) The notice
			 filing specified in division (B) of section
			 1707.141
			 of the Revised Code shall:
(1) Consist of a
			 fully completed part 1 of the form ADV, uniform application for investment
			 adviser registration, fully completed schedules and disciplinary reporting
			 pages pertaining to part 1 of the form ADV, a fully completed execution page of
			 the form ADV,  a fully completed part 2A
			 of the form ADV; and a fully completed part 3 of Form
			 ADV; and
(2) Be submitted to
			 the division through the investment adviser registration depository, or IARD,
			 maintained by the financial industry regulatory authority.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-15 - Application for securities dealer license; responsibilities of licensed securities dealer

Current through all regulations passed and filed through July 1, 2024
(A) License application. The license
			 application specified in section
			 1707.15 of the Revised Code
			 shall consist of:
(1) A completed form BD of
			 the securities and exchange commission submitted to the division through the
			 central registration depository, or CRD, maintained by the "Financial Industry
			 Regulatory Authority." Dealers not affiliated with the "Financial Industry
			 Regulatory Authority" must submit a paper form BD to the division;
(2) The license fee required by division
			 (B)(1) of section 1707.17 of the Revised Code;
			 and
(3) In the event that an
			 application for a securities dealer license has been pending for more than one
			 hundred and eighty days and the applicant has failed to correct outstanding
			 deficiencies, the division may terminate the application through the
			 CRD.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-16 - Application for salesperson's license; updating

Current through all regulations passed and filed through July 1, 2024
(A) The division shall not issue a license to
			 any applicant for licensing as a salesperson who has not first furnished
			 evidence to the division that they have:
(1) Been licensed as a salesperson by the
			 division within the two years immediately preceding the date of the
			 application; or
(2) Achieved a
			 passing score on  the
			 following exams, or their successor exams, within two years of the
			 date of filing an application with the division
									:
(a)
										Either the uniform securities agent state law exam (series
			 63); or the uniform combined state law exam (series 66);
(b)
										The securities
			 industry essentials exam (SIE); and
(c)
										The general
			 securities representative exam (series 7), unless the applicant's proposed
			 securities activities will be restricted, in which case the applicant needs to
			 achieve a passing score on each exam that relates to the applicant's proposed
			 securities activities:
(i)
											The investment company products and variable contracts
			 representative exam (series 6);
(ii)
											The direct
			 participation programs limited representative exam (series 22);
(iii)
											The municipal
			 securities representative exam (series 52);
(iv)
											The investment
			 banking representative exam (series 79);
(v)
											The private
			 securities offerings representative exam (series 82).
(3)
									An applicant for
			 licensure under this rule is does not need to take the examinations in
			 paragraph (A)(2) of this rule if the applicant was licensed or registered as a
			 salesperson, agent, or associated person of a dealer in another United States
			 jurisdiction within the two years immediately preceding the filing of an
			 application with the division;
(4)
									An applicant will
			 be considered to have passed the exam in paragraph (A)(2)(b) of this rule if
			 they currently maintain a non-expired "SIE Credit" issued by the "Financial
			 Industry Regulatory Authority."
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-16.1 - Application for an investment adviser representative's license

Current through all regulations passed and filed through July 1, 2024
(A) License
			 application contents and procedure. Pursuant to division (D) of section
			 1707.161
			 of the Revised Code, investment adviser representative license application and
			 procedure shall be as follows:
(1) The license
			 application specified in division (D) of section
			 1707.161
			 of the Revised Code shall consist of:
(a) A
			 properly completed form U-4, "Uniform Application for Securities Industry
			 Registration or Transfer" for each investment adviser for whom the applicant
			 seeks to act as an investment adviser representative;
(b) The license fee required by division
			 (B)(5) of section
			 1707.17 of
			 the Revised Code;
(c) A properly
			 completed standard impression sheet prescribed by the superintendent of the
			 bureau of criminal identification and investigation on which fingerprint
			 impressions by the natural person applying to be licensed as an investment
			 adviser representative shall be made in accordance with the fingerprint system
			 of identification.
(i) The division
			 will
			 waive this requirement if the applicant has 
											a current approved
			 status by a self regulatory organization or regulatory authority at the time
			 application for licensure is made with the division and the applicant has
			  submitted fingerprint
			 impressions to the "Financial Industry Regulatory Authority"
			 (FINRA) or the central registration depository
			 (CRD) in connection with the approved
			 status.
(ii)
											Absent an exception prescribed by the superintendent of
			 the bureau of criminal identification and investigation, Ohio residents
			 applying for licensure will have fingerprint impressions completed at an
			 authorized Ohio WebCheck location and request the results be directed to the
			 division;
(iii)
											Non-Ohio resident applicants for licensure will have
			 fingerprint impressions completed at an authorized Ohio WebCheck location and
			 request the results be direct to the division, or submit a properly completed
			 division-specific fingerprint card to the division for processing in accordance
			 with the superintendent of the bureau of criminal identification and
			 investigation procedures.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-16.3 - Application for a state retirement system investment officer's license

Current through all regulations passed and filed through July 1, 2024
(A) License
			 application contents and procedure. Pursuant to division (A) of section
			 1707.163
			 of the Revised Code, state retirement system investment officer license
			 application and procedure shall be as follows:
(1) The license application shall consist of:
(a) A properly completed form
			 "SRSIO";
(b) The license fee
			 required by division (B)(6) of section
			 1707.17 of
			 the Revised Code;
(c) A properly
			 completed standard impression sheet prescribed by the superintendent of the
			 bureau of criminal identification and investigation on which fingerprint
			 impressions by the natural person applying to be licensed as a state retirement
			 system investment officer shall be made in accordance with the fingerprint
			 system of identification.
(i)
											Absent an exception prescribed by the superintendent of
			 the bureau of criminal identification and investigation, Ohio residents
			 applying for licensure will have fingerprint impressions completed by an
			 authorized Ohio WebCheck location and request the results be directed to the
			 division;
(ii)
											Non-Ohio resident applicants for licensure will have
			 fingerprint impressions completed at an authorized Ohio WebCheck location and
			 request the results be directed to the division, or submit a properly completed
			 division-specific fingerprint card to the division for processing in accordance
			 with the superintendent of the bureau of criminal identification and
			 investigation procedures.
Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-16.5 - Application for a bureau of workers' compensation chief investment officer license

Current through all regulations passed and filed through July 1, 2024
(A) License application contents and
			 procedure. Pursuant to division (A) of section 
								
									1707.165
								 of the Revised Code, the bureau of workers' compensation chief
			 investment officer license application and procedure shall be as follows:
(1) The license application shall consist of:
(a) A properly completed form
			 "BWCCIO";
(b) The license fee
			 required by division (B)(7) of section
			 1707.17 of
			 the Revised Code;
(c) A properly
			 completed standard impression sheet prescribed by the superintendent of the
			 bureau of criminal identification and investigation on which fingerprint
			 impressions by the natural person applying to be licensed as a bureau of
			 workers' compensation chief investment officer shall be made in accordance with
			 the fingerprint system of identification.
(i)
											Absent an exception prescribed by the superintendent of
			 the bureau of criminal identification and investigation, Ohio residents
			 applying for licensure will have fingerprint impressions completed at an
			 authorized Ohio WebCheck location and request the results be directed to the
			 division;
(ii)
											Non-Ohio resident applications for licensure will have
			 fingerprint impressions completed at an authorized Ohio WebCheck location and
			 request the results be directed to the division, or submit a properly completed
			 division-specific fingerprint card to the division for processing in accordance
			 with the superintendent of the bureau of criminal identification and
			 investigation procedures.