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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. § 1309.101 Short title - section numbering - UCC 9-101
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(A) This chapter may be cited as "Uniform Commercial Code, secured transactions."(B) This chapter uses the numbering system of the national conference of commissioners on uniform state laws. The digits to the right of the decimal point are sequential and not supplemental to any p…
Ohio Rev. Code Ann. § 1309.102 Definitions and index of definitions - UCC 9-102
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(A) As used in this chapter, unless the context requires otherwise: (1) "Accession" means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.(2)(a) "Account," except as used in "account for," means a right to pay…
Ohio Rev. Code Ann. § 1309.103 Purchase-money security interest - application of payments - burden of establishing - UCC 9-103
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(A) As used in this section:(1) "Purchase-money collateral" means goods or software that secures a purchase-money obligation incurred with respect to that collateral; and(2) "Purchase-money obligation" means an obligation of an obligor incurred as all or part of the price of the …
Ohio Rev. Code Ann. § 1309.104 Control of deposit account - UCC 9-104
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(A) A secured party has control of a deposit account if:(1) The secured party is the bank with which the deposit account is maintained;(2) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secu…

Ohio Rev. Code Ann. § 1309.105 Control of electronic chattel paper - UCC 9-105

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(A) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. (B) A system satisfies division (A) of this…

Ohio Rev. Code Ann. § 1309.106 Control of investment property - UCC 9-106

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(A) A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 1308.24 of the Revised Code.(B) A secured party has control over a commodity contract if:(1) The secured party is the commodity intermediary with which the…

Ohio Rev. Code Ann. § 1309.107 Control of letter-of-credit right - UCC 9-107

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A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under division (C) of section 13…

Ohio Rev. Code Ann. § 1309.108 Sufficiency of description - UCC 9-108

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(A) Except as provided in divisions (C), (D), and (E) of this section, any description of personal or real property is sufficient whether or not it is specific if it reasonably identifies what is described.(B) Except as otherwise provided in division (D) of this section, a descri…

Ohio Rev. Code Ann. § 1309.109 Scope of chapter - UCC 9-109

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(A) Except as otherwise provided in divisions (C) and (D) of this section, this chapter applies to the following:(1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;(2) An agricultural lien;(3) A sale of account…

Ohio Rev. Code Ann. § 1309.110 Security interests arising under article 2 or 2A - UCC 9-110

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A security interest arising under sections 1302.42 and 1302.49, division (C) of section 1302.85, or division (E) of section 1310.54 of the Revised Code is subject to this chapter. However, until the debtor obtains possession of the goods:(A) The security interest is enforceable e…

Ohio Rev. Code Ann. § 1309.111 Control of electronic money - UCC 9-105A

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Control of electronic money [UCC 9-105A] (A) A person has control of electronic money if both of the following apply: (1) The electronic money, a record attached to or logically associated with the electronic money, or a system in which the electronic money is recorded gives the …

Ohio Rev. Code Ann. § 1309.112 Control of controllable electronic record, controllable account, or controllable payment intangible - UCC 9-107A

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Control of controllable electronic record, controllable account, or controllable payment intangible [UCC 9-107A] (A) A secured party has control of a controllable electronic record as provided in section 1314.105 of the Revised Code. (B) A secured party has control of a controlla…

Ohio Rev. Code Ann. § 1309.113 No requirement to acknowledge or confirm; no duties - UCC 9-107B

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No requirement to acknowledge or confirm; no duties [UCC 9-107B] (A) A person that has control under section 1309.104 or 1309.105 of the Revised Code is not required to acknowledge that it has control on behalf of another person. (B) If a person acknowledges that it has or will o…

Ohio Rev. Code Ann. § 1309.201 General effectiveness of security agreement - UCC 9-201

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(A) Except as otherwise provided in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.(B) A tran…

Ohio Rev. Code Ann. § 1309.202 Title to collateral immaterial - UCC 9-202

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Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collateral is in the secured party or in the debtor…

Ohio Rev. Code Ann. § 1309.203 Attachment and enforceability of security interest - proceeds - supporting obligation - formal requisites - UCC 9-203

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(A) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment. (B) Except as otherwise provided in divisions (C) to (I) of this section, a security inter…

Ohio Rev. Code Ann. § 1309.204 After-acquired property - future advances - UCC 9-204

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(A) Except as provided in division (B) of this section, a security agreement may create or provide for a security interest in after-acquired collateral.(B) A security interest does not attach under a term constituting an after-acquired property clause to:(1) Consumer goods other …

Ohio Rev. Code Ann. § 1309.205 Use or disposition of collateral permissible - UCC 9-205

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(A) A security interest is not invalid or fraudulent against creditors solely because:(1) The debtor has the right or ability to:(a) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;(b) Collect, compromise, enforce, or otherwise…

Ohio Rev. Code Ann. § 1309.206 Security interest arising in purchase or delivery of financial asset - UCC 9-206

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(A) A security interest in favor of a securities intermediary attaches to a person's security entitlement if:(1) The person buys a financial asset through a securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities inter…

Ohio Rev. Code Ann. § 1309.207 Rights and duties of secured party having possession or control of collateral - UCC 9-207

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(A) Except as otherwise provided in division (D) of this section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of an instrument or chattel paper, reasonable care includes taking necessary st…

Ohio Rev. Code Ann. § 1309.208 Additional duties of secured party having control of collateral - UCC 9-208

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(A) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (B) Within ten days after receiving an authenticated demand by the debtor:(1) A secured party…

Ohio Rev. Code Ann. § 1309.209 Duties of secured party if account debtor has been notified of assignment - UCC 9-209

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(A) Except as otherwise provided in division (C) of this section, this section applies if:(1) There is no outstanding secured obligation; and(2) The secured party is not committed to make advances, incur obligations, or otherwise give value.(B) Within ten days after receiving an …

Ohio Rev. Code Ann. § 1309.210 Request for accounting - request regarding list of collateral or statement of account - UCC 9-210

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(A) As used in this section:(1) "Request" means a record of a type described in division (A)(2), (3), or (4) of this section.(2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secu…

Ohio Rev. Code Ann. § 1309.301 Law governing perfection and priority of security interests - UCC 9-301

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Except as otherwise provided in sections 1309.303 to 1309.306 of the Revised Code, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (A) Except as otherwise provided in thi…

Ohio Rev. Code Ann. § 1309.302 Law governing perfection and priority of agricultural liens - UCC 9-302

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While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.

Ohio Rev. Code Ann. § 1309.303 Law governing perfection and priority of security interests in goods covered by a certificate of title - UCC 9-303

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(A) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.(B) Goods become covered by a certificate of title when a valid …

Ohio Rev. Code Ann. § 1309.304 Law governing perfection and priority of security interests in deposit accounts - UCC 9-304

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(A) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank.(B) The following rules determine a bank's jurisdiction for purposes of this section:(1…

Ohio Rev. Code Ann. § 1309.305 Law governing perfection and priority of security interests in investment property - UCC 9-305

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(A) Except as otherwise provided in division (C) of this section, the following rules apply:(1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a secur…

Ohio Rev. Code Ann. § 1309.306 Law governing perfection and priority of security interests in letter-of-credit rights - UCC 9-306

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(A) Subject to division (C) of this section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdic…

Ohio Rev. Code Ann. § 1309.307 Location of debtor - UCC 9-307

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(A) As used in this section, "place of business" means a place where a debtor conducts the debtor's affairs. (B) Except as otherwise provided in this section, the following rules determine a debtor's location:(1) A debtor who is an individual is located at the individual's princi…

Ohio Rev. Code Ann. § 1309.308 When security interest or agricultural lien is perfected - continuity of perfection - UCC 9-308

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(A) Except as otherwise provided in this section and section 1309.309 of the Revised Code, a security interest is perfected if it has attached and all of the applicable requirements for perfection in sections 1309.310 to 1309.316 of the Revised Code have been satisfied. A securit…

Ohio Rev. Code Ann. § 1309.309 Security interest perfected upon attachment - UCC 9-309

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The following security interests are perfected when they attach:(A) A purchase money security interest in consumer goods, except as otherwise provided in division (B) of section 1309.311 of the Revised Code with respect to consumer goods that are subject to a statute or treaty de…

Ohio Rev. Code Ann. § 1309.310 When filing required to perfect security interest or agricultural lien - security interests and agricultural liens to which filing provisions do not apply - UCC 9-310

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(A) Except as otherwise provided in division (B) of this section and division (B) of section 1309.312 of the Revised Code, a financing statement must be filed to perfect all security interests and agricultural liens. (B) The filing of a financing statement is not necessary to per…

Ohio Rev. Code Ann. § 1309.311 Perfection of security interests in property subject to certain statutes, regulations, and treaties - UCC 9-311

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(A) Except as otherwise provided in division (D) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: (1) A statute, regulation, or treaty of the United States whose requirements for a security i…

Ohio Rev. Code Ann. § 1309.312 Perfection of security interests - UCC 9-312

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(A) A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (B) Except as otherwise provided in divisions (C) and (D) of section 1309.315 of the Revised Code for proceeds:(1) A security interest in a deposit acco…

Ohio Rev. Code Ann. § 1309.313 When possession by or delivery to secured party perfects security interest without filing - UCC 9-313

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(A) Except as otherwise provided in division (B) of this section, a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security …

Ohio Rev. Code Ann. § 1309.314 Perfection by control - UCC 9-314

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(A) A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under section 1307.106, 1309.104, 1309.105, 1309.106, or 1309.107 of the Revised Code. (B) A …

Ohio Rev. Code Ann. § 1309.315 Secured party's rights on disposition of collateral and in proceeds - UCC 9-315

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(A) Except as otherwise provided in this chapter and in division (B) of section 1302.44 of the Revised Code:(1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party a…

Ohio Rev. Code Ann. § 1309.316 Continued perfection of security interest following change in governing law - UCC 9-316

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(A) A security interest perfected pursuant to the law of the jurisdiction designated in division (A) of section 1309.301 or division (C) of section 1309.305 of the Revised Code remains perfected until the earliest of: (1) The time perfection would have ceased under the law of tha…

Ohio Rev. Code Ann. § 1309.317 Interests that take priority over or take free of unperfected security interest or agricultural lien - UCC 9-317

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(A) A security interest or agricultural lien is subordinate to the rights of: (1) A person entitled to priority under section 1309.322 of the Revised Code; and(2) Except as otherwise provided in division (E) of this section, a person who becomes a lien creditor before the earlier…

Ohio Rev. Code Ann. § 1309.318 No interest retained in right to payment that is sold - rights and title of seller of account or chattel paper with respect to creditors and purchasers - UCC 9-318

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(A) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.(B) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper fr…

Ohio Rev. Code Ann. § 1309.319 Rights and title of consignee with respect to creditors and purchasers - UCC 9-319

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(A) Except as otherwise provided in division (B) of this section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title …

Ohio Rev. Code Ann. § 1309.320 Buyer of goods - UCC 9-320

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(A) Except as otherwise provided in division (E) of this section, a buyer in the ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller even if the security…

Ohio Rev. Code Ann. § 1309.321 Licensee of general intangible and lessee of goods in ordinary course of business - UCC 9-321

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(A) As used in this section, "licensee in the ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course …

Ohio Rev. Code Ann. § 1309.322 Priorities among conflicting security interests in and agricultural liens on same collateral - UCC 9-322

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(A) Except as otherwise provided in this section, priority between conflicting security interests and agricultural liens in the same collateral shall be determined according to the following rules:(1) Conflicting perfected security interests and agricultural liens rank according …

Ohio Rev. Code Ann. § 1309.323 Future advances - UCC 9-323

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(A) Except as otherwise provided in division (C) of this section, for purposes of determining the priority of a perfected security interest under division (A)(1) of section 1309.322 of the Revised Code, perfection of the security interest dates from the time an advance is made to…

Ohio Rev. Code Ann. § 1309.324 Priority of purchase-money security interests - UCC 9-324

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(A) Except as otherwise provided in division (G) of this section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in section 1309.327 of …

Ohio Rev. Code Ann. § 1309.325 Priority of security interests in transferred collateral - UCC 9-325

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(A) Except as otherwise provided in division (B) of this section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:(1) The debtor acquired the collateral subject to the security interest created by t…

Ohio Rev. Code Ann. § 1309.326 Priority of security interests created by new debtor - UCC 9-326

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(A) Subject to division (B) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for …

Ohio Rev. Code Ann. § 1309.327 Priority of security interests in deposit account - UCC 9-327

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The following rules govern priority among conflicting security interests in the same deposit account:(A) A security interest held by a secured party having control of the deposit account under section 1309.104 of the Revised Code has priority over a conflicting security interest …