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Ohio Statutes, Title 13

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Title 13, Title 13. Commercial Transactions

39 chapters · 1,479 sections in this title.

All chapters in Title 131,479 Ch 1309, Chapter 1309 | Secured Transactions143 Ch 1321, Chapter 1321 | Various Loans109 Ch 1302, Chapter 1302 | Sales97 Ch 1310, Chapter 1310 | Leases78 Ch 1311, Chapter 1311 | Liens77 Ch 1304, Chapter 1304 | Bank Deposits And Col…74 Ch 1345, Chapter 1345 | Consumer Sales Practices69 Ch 1333, Chapter 1333 | Trade Practices67 Ch 1303, Chapter 1303 | Commercial Paper66 Ch 1337, Chapter 1337 | Power Of Attorney62 Ch 1349, Chapter 1349 | Consumer Protection61 Ch 1313, Chapter 1313 | Voluntary Assignments56 Ch 1308, Chapter 1308 | Investment Securities49 Ch 1329, Chapter 1329 | Labels And Marks45

143 sections·Filtered byTitle 13✕Ch 1309✕

Ohio Rev. Code Ann. § 1309.523 Information from filing office - sale or license of records - UCC 9-523
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(A) If a person who files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to division (A)(1) of section 1309.519 of the Revised Code and the date and ti…
Ohio Rev. Code Ann. § 1309.524 Delay by filing office - UCC 9-524
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Delay by the filing office beyond a time limit prescribed by sections 1309.501 to 1309.527 of the Revised Code is excused if:(A) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances be…
Ohio Rev. Code Ann. § 1309.525 Fees - UCC 9-525
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(A) Except as provided in division (C) of this section, the fee for filing and indexing a record under sections 1309.501 to 1309.527 of the Revised Code is twelve dollars.(B) The fee for responding to a request for information from the filing office, including for communicating w…
Ohio Rev. Code Ann. § 1309.526 Filing-office rules - UCC 9-526
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(A) The secretary of state shall adopt rules to implement this chapter. The filing-office rules shall be:(1) Consistent with this chapter; and(2) Adopted in accordance with Chapter 119. of the Revised Code.(B) To keep the filing-office rules and practices of the filing office in …

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Ohio Rev. Code Ann. § 1309.527 Duty to report - UCC 9-527

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The secretary of state shall report by December 31 in each even-numbered year to the general assembly on the operation of the filing office. The report shall contain a statement of the extent to which:(A) The filing-office rules are not in harmony with the rules of filing offices…

Ohio Rev. Code Ann. § 1309.528 Corporate and uniform commercial code filing fund - UCC 9-528

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All fees collected by the secretary of state for filings under Title XIII or XVII of the Revised Code shall be deposited into the state treasury to the credit of the corporate and uniform commercial code filing fund, which is hereby created. The fund shall also receive revenue fr…

Ohio Rev. Code Ann. § 1309.529 Distributions of fees to county recorders - UCC 9-529

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(A) The secretary of state shall distribute to the county recorders of the counties of this state an amount equal to the fees collected by the secretary of state for filing and indexing financing statements communicated to the office of the secretary of state in writing under div…

Ohio Rev. Code Ann. § 1309.601 Rights after default - judicial enforcement - consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes - UCC 9-601

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(A) After default, a secured party has the rights provided in sections 1309.601 to 1309.628 of the Revised Code and, except as otherwise provided in section 1309.602 of the Revised Code, those provided by agreement of the parties. A secured party: (1) May reduce a claim to judgme…

Ohio Rev. Code Ann. § 1309.602 Waiver and variance of rights and duties - UCC 9-602

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Except as otherwise provided in section 1309.624 of the Revised Code, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the following provisions of the Revised Code;(A) Division (B)(4)(c) o…

Ohio Rev. Code Ann. § 1309.603 Agreement on standards concerning rights and duties - UCC 9-603

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(A) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under section 1309.602 of the Revised Code if the standards are not manifestly unreasonable.(B) Division (A) of this section d…

Ohio Rev. Code Ann. § 1309.604 Procedure if security agreement covers real property or fixtures - UCC 9-604

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(A) If a security agreement covers both personal and real property, a secured party may proceed:(1) Under sections 1309.601 to 1309.628 of the Revised Code as to the personal property without prejudicing any rights with respect to the real property; or(2) As to both the personal …

Ohio Rev. Code Ann. § 1309.605 Unknown debtor or secondary obligor - UCC 9-605

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A secured party does not owe a duty based on its status as secured party:(A) To a person who is a debtor or obligor, unless the secured party knows:(1) That the person is a debtor or obligor;(2) The identity of the person; and(3) How to communicate with the person; or(B) To a sec…

Ohio Rev. Code Ann. § 1309.606 Time for default for agricultural lien - UCC 9-606

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For purposes of sections 1309.601 to 1309.628 of the Revised Code, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.

Ohio Rev. Code Ann. § 1309.607 Collection and enforcement by secured party - UCC 9-607

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(A) If so agreed, and in any event after default, a secured party: (1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;(2) May take any proceeds to which the secured pa…

Ohio Rev. Code Ann. § 1309.608 Application of proceeds of collection or enforcement - liability for deficiency and right to surplus - UCC 9-608

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(A) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 1309.607 of the Revised Code in the …

Ohio Rev. Code Ann. § 1309.609 Secured party's right to take possession after default - UCC 9-609

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(A) After default, a secured party:(1) May take possession of the collateral; and(2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code.(B) A secured party may act under division (A) of this s…

Ohio Rev. Code Ann. § 1309.610 Disposition of collateral after default - UCC 9-610

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(A) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.(B) Every aspect of a disposition of collateral, including the method, man…

Ohio Rev. Code Ann. § 1309.611 Notification before disposition of collateral - UCC 9-611

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(A) As used in this section, "notification date" means the earlier of the date on which:(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition. or(2) The debtor and any secondary obligor waive the right to notification.(B) E…

Ohio Rev. Code Ann. § 1309.612 Timeliness of notification before disposition of collateral - UCC 9-612

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(A) Except as otherwise provided in division (B) of this section, whether a notification is sent within a reasonable time is a question of fact.(B) A notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notif…

Ohio Rev. Code Ann. § 1309.613 Contents and form of notification before disposition of collateral - general - UCC 9-613

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(A) Except in a consumer-goods transaction, all of the following rules apply to a notification of disposition of collateral and to a disposition of collateral:(1) The contents of a notification of disposition are sufficient if the notification:(a) Describes the debtor and the sec…

Ohio Rev. Code Ann. § 1309.614 Contents and form of notification before disposition of collateral - consumer-goods transaction - UCC 9-614

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(A) In a consumer-goods transaction, the following rules apply:(1) A notification of disposition must provide all of the following information:(a) The information specified in division (A)(1) of section 1309.613 of the Revised Code;(b) A description of any liability for a deficie…

Ohio Rev. Code Ann. § 1309.615 Application of proceeds of disposition - liability for deficiency and right to surplus - UCC 9-615

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(A) A secured party shall apply or pay over for application the cash proceeds of disposition under section 1309.610 of the Revised Code in the following order to:(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the ex…

Ohio Rev. Code Ann. § 1309.616 Explanation of calculation of surplus or deficiency - UCC 9-616

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(A) As used in this section:(1) "Explanation" means a writing that:(a) States the amount of the surplus or deficiency;(b) Provides an explanation in accordance with division (C) of this section of how the secured party calculated the surplus or deficiency;(c) States, if applicabl…

Ohio Rev. Code Ann. § 1309.617 Rights of transferee of collateral - UCC 9-617

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(A) A secured party's disposition of collateral after default:(1) Transfers to a transferee for value all of the debtor's rights in the collateral;(2) Discharges the security interest under which the disposition is made; and(3) Discharges any subordinate security interest or othe…

Ohio Rev. Code Ann. § 1309.618 Rights and duties of certain secondary obligors - UCC 9-618

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(A) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:(1) Receives an assignment of a secured obligation from the secured party;(2) Receives a transfer of collateral from the secured party and agre…

Ohio Rev. Code Ann. § 1309.619 Transfer of record or legal title - UCC 9-619

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(A) As used in this section, "transfer statement" means a record authenticated by a secured party that states:(1) The debtor has defaulted in connection with an obligation secured by specified collateral;(2) The secured party has exercised its post-default remedies with respect t…

Ohio Rev. Code Ann. § 1309.620 Acceptance of collateral in full or partial satisfaction of obligation - compulsory disposition of collateral - UCC 9-620

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(A) Except as otherwise provided in division (G) of this section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:(1) The debtor consents to the acceptance under division (C) of this section;(2) The secured party, within …

Ohio Rev. Code Ann. § 1309.621 Notification of proposal to accept collateral - UCC 9-621

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(A) A secured party who desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:(1) Any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a …

Ohio Rev. Code Ann. § 1309.622 Effect of acceptance of collateral - UCC 9-622

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(A) A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures:(1) Discharges the obligation to the extent consented to by the debtor;(2) Transfers to the secured party all of a debtor's rights in the collateral;(3) Discharges the secu…

Ohio Rev. Code Ann. § 1309.623 Right to redeem collateral - UCC 9-623

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(A) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.(B) To redeem collateral, a person shall tender:(1) Fulfillment of all obligations secured by the collateral; and(2) The reasonable expenses and attorney's fees described in divisi…

Ohio Rev. Code Ann. § 1309.624 Waiver - UCC 9-624

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(A) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 1309.611 of the Revised Code only by an agreement to that effect entered into and authenticated after default.(B) A debtor may waive the right to require disposition o…

Ohio Rev. Code Ann. § 1309.625 Remedies for secured party's failure to comply with chapter - UCC 9-625

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(A) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.(B) Subject to divisions (C), (D), and (F) of this section, a p…

Ohio Rev. Code Ann. § 1309.626 Action in which deficiency or surplus is in issue - UCC 9-626

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In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:(A) A secured party is not required to prove compliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, dispos…

Ohio Rev. Code Ann. § 1309.627 Determination of whether conduct was commercially reasonable - UCC 9-627

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(A) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing th…

Ohio Rev. Code Ann. § 1309.628 Nonliability and limitation on liability of secured party - liability of secondary obligor - UCC 9-628

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(A) Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement agains…

Ohio Rev. Code Ann. § 1309.702 Savings clause - UCC 9-702

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(A) Except as otherwise provided in this chapter, this chapter applies to a transaction or lien within the scope of this chapter even if the transaction or lien was entered into or created before July 1, 2001. (B) Except as otherwise provided in division (C) of this section and s…

Ohio Rev. Code Ann. § 1309.703 Security interest perfected before effective date - UCC 9-703

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(A) A security interest that is enforceable immediately before July 1, 2001, and that would have priority over the rights of a person who becomes a lien creditor at that time is a perfected security interest under this chapter if, on July 1, 2001, the applicable requirements for …

Ohio Rev. Code Ann. § 1309.704 Security interest unperfected before effective date - UCC 9-704

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A security interest that is enforceable immediately before July 1, 2001, but that would be subordinate to the rights of a person that becomes a lien creditor at that time: (A) Remains an enforceable security interest until July 1, 2002;(B) Remains enforceable after July 1, 2002, …

Ohio Rev. Code Ann. § 1309.705 Effectiveness of action taken before effective date - UCC 9-705

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(A) If action, other than the filing of a financing statement, is taken before July 1, 2001, and if the action would have resulted in priority of a security interest over the rights of a person who becomes a lien creditor had the security interest become enforceable before that d…

Ohio Rev. Code Ann. § 1309.706 When initial financing statement suffices to continue effectiveness of financing statement - UCC 9-706

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(A) The filing of an initial financing statement in the office specified in section 1309.501 of the Revised Code continues the effectiveness of a financing statement filed before July 1, 2001, if: (1) The filing of an initial financing statement in that office would be effective …

Ohio Rev. Code Ann. § 1309.707 Pre-effective-date financing statement - UCC 9-707

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(A) As used in this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001. (B) On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the informat…

Ohio Rev. Code Ann. § 1309.708 Persons entitled to file initial financing statement or continuation statement - UCC 9-708

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A person may file an initial financing statement or a continuation statement under this section if: (A) The secured party of record authorizes the filing; and(B) The filing is necessary under this section:(1) To continue the effectiveness of a financing statement filed before Jul…

Ohio Rev. Code Ann. § 1309.709 Priority - UCC 9-709

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(A) This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, the law in effect at the time the priorities of the claims were established determines priority. (B) For purposes …