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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

62 sections·Filtered byTitle 13✕Ch 1337✕

Ohio Rev. Code Ann. § 1337.01 Power of attorney
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A power of attorney for the conveyance, mortgage, or lease of any interest in real property shall be signed, acknowledged, and certified as provided in section 5301.01 of the Revised Code.
Ohio Rev. Code Ann. § 1337.02 Form and effect of power of attorney
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A deed, mortgage, or lease of any interest in real property, made by virtue of a power of attorney, must contain the name of the grantor, mortgagor, or lessor, and shall convey, mortgage, or lease the interest of such grantor, mortgagor, or lessor as fully as if such deed, mortga…
Ohio Rev. Code Ann. § 1337.03 Validity of certain acts of attorney in fact
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No deed executed by a person acting for another, under a power of attorney, acknowledged, and recorded, is invalid or defective because he, instead of his principal, is named in such deed as such attorney as grantor; nor because his name, as such attorney, is subscribed to such d…
Ohio Rev. Code Ann. § 1337.04 Recording of power of attorney
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(A) As used in this section, "real property interest" means a deed, mortgage, land installment contract, or lease. (B) A power of attorney used for the execution of a real property instrument shall be properly executed and acknowledged by the principal before the execution and ac…

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Ohio Rev. Code Ann. § 1337.05 Revocation of power of attorney must be recorded

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No instrument containing a power of attorney for the conveyance, mortgage, or lease of an interest in real property, which has been recorded, will be revoked by any act of the person by whom it was executed, unless the instrument containing such revocation is also recorded in the…

Ohio Rev. Code Ann. § 1337.06 Execution and evidence of power of attorney

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A power of attorney for the transfer of personal property or the transaction of business relating to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, shall be signed and acknowledged in the same manner as dee…

Ohio Rev. Code Ann. § 1337.07 Admission of power of attorney to record

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Any person interested may have a power of attorney authorizing the transfer of personal property or the transaction of any business relating thereto admitted to record in the office of the county recorder of the county in which such property is situated, or in which any of such b…

Ohio Rev. Code Ann. § 1337.08 Record of power of attorney authorizing transfer of personal property

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The county recorder shall record in the official records all powers of attorney authorizing the transfer of personal property or the transaction of any business relating thereto. Upon presentation of such a power of attorney, the county recorder shall endorse thereon the date of …

Ohio Rev. Code Ann. § 1337.092 Personal liability

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(A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative cap…

Ohio Rev. Code Ann. § 1337.10 Fees of recorder - microfilm process

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The county recorder shall charge the same fee for the recording of a power of attorney authorizing the transfer of personal property or the transaction of business relating to the transfer of personal property, the indexing of that instrument, and for making a certified copy of t…

Ohio Rev. Code Ann. § 1337.11 Durable power of attorney for health care definitions

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As used in sections 1337.11 to 1337.17 of the Revised Code: (A) "Adult" means a person who is eighteen years of age or older. (B) "Attending physician" means the physician to whom a principal or the family of a principal has assigned primary responsibility for the treatment or ca…

Ohio Rev. Code Ann. § 1337.12 Formality of execution

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(A)(1) An adult who is of sound mind voluntarily may create a valid durable power of attorney for health care by executing a durable power of attorney, in accordance with section 1337.24 of the Revised Code, that authorizes an attorney in fact as described in division (A)(2) of t…

Ohio Rev. Code Ann. § 1337.13 Authority of attorney in fact under a durable power of attorney for health care

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(A)(1) An attorney in fact under a durable power of attorney for health care shall make health care decisions for the principal only if the instrument substantially complies with section 1337.12 of the Revised Code and specifically authorizes the attorney in fact to make health c…

Ohio Rev. Code Ann. § 1337.14 Revocation

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(A) A principal who creates a valid durable power of attorney for health care may revoke that instrument or the designation of the attorney in fact under it.The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses a…

Ohio Rev. Code Ann. § 1337.15 Immunity

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(A) Subject to division (H) of this section, an attending physician of a principal is not subject to criminal prosecution or professional disciplinary action and is not liable in damages in a tort or other civil action for actions taken in good faith and in reliance on a health c…

Ohio Rev. Code Ann. § 1337.16 Duties of health care providers

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(A) No physician, health care facility, other health care provider, person authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, health insuring corporation, other health care plan, or legal entity that is self-insured and provides…

Ohio Rev. Code Ann. § 1337.17 Printed form - durable power of attorney for health care

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A printed form of durable power of attorney for health care may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of such a printed form, a principal may authorize an attorney in fact to make health care decisions on the p…

Ohio Rev. Code Ann. § 1337.21 Short title

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Sections 1337.21 to 1337.64 of the Revised Code may be cited as the uniform power of attorney act.

Ohio Rev. Code Ann. § 1337.22 Definitions

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As used in sections 1337.21 to 1337.64 of the Revised Code: (A) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. "Agent" includes an original agent, coagent, successor agent, a…

Ohio Rev. Code Ann. § 1337.23 Applicability

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Sections 1337.21 to 1337.64 of the Revised Code apply to all powers of attorney except the following: (A) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit tran…

Ohio Rev. Code Ann. § 1337.24 Power of attorney is durable

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A power of attorney created under sections 1337.21 to 1337.64 of the Revised Code is durable unless it expressly provides that it is terminated by the incapacity of the principal.

Ohio Rev. Code Ann. § 1337.25 Execution of power of attorney

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A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknow…

Ohio Rev. Code Ann. § 1337.26 Validity of power of attorney

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(A) A power of attorney executed in this state on or after the effective date of this section is valid if its execution complies with section 1337.25 of the Revised Code. (B) A power of attorney executed in this state before the effective date of this section is valid if its exec…

Ohio Rev. Code Ann. § 1337.27 Meaning and effect of power of attorney

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The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

Ohio Rev. Code Ann. § 1337.28 Nomination of guardian; relation of agent to court-appointed fiduciary

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(A) In a power of attorney, a principal may nominate a guardian of the principal's person, estate, or both and may nominate a guardian of the person, the estate, or both of one or more of the principal's minor children or incompetent adult children, whether born at the time of th…

Ohio Rev. Code Ann. § 1337.29 When power of attorney effective

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(A) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (B) If a power of attorney becomes effective upon the occurrence of a futu…

Ohio Rev. Code Ann. § 1337.30 Termination of power of attorney or agent's authority

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(A) A power of attorney terminates when any of the following occurs: (1) The principal dies;(2) The principal becomes incapacitated, if the power of attorney is not durable;(3) The principal revokes the power of attorney;(4) The power of attorney provides that it terminates;(5) T…

Ohio Rev. Code Ann. § 1337.31 Coagents and successor agents

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(A) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (B) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incap…

Ohio Rev. Code Ann. § 1337.32 Reimbursement and compensation of agent

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Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

Ohio Rev. Code Ann. § 1337.33 Agent's acceptance

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Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

Ohio Rev. Code Ann. § 1337.34 Agent's duties

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(A) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall do all of the following: (1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best inte…

Ohio Rev. Code Ann. § 1337.35 Exoneration of agent

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A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent that either of the following applies: (A) The provision relieves the agent of liability for breach of …

Ohio Rev. Code Ann. § 1337.36 Judicial relief

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(A) Any of the following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) The principal or the agent;(2) A guardian, conservator, or other fiduciary acting for the principal, including an executor or admi…

Ohio Rev. Code Ann. § 1337.37 Agent's liability

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An agent that violates sections 1337.21 to 1337.64 of the Revised Code is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred and the a…

Ohio Rev. Code Ann. § 1337.38 Agent's resignation; notice

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Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to whichever of the following applies: (A) The guardian, if one has been appointed for the principal,…

Ohio Rev. Code Ann. § 1337.39 Principles of law and equity

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Unless displaced by a provision of sections 1337.21 to 1337.64 of the Revised Code, the principles of law and equity supplement those sections.

Ohio Rev. Code Ann. § 1337.40 Conflict of laws

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In the event of a conflict between any provision of sections 1337.21 to 1337.64 of the Revised Code and any other provision of law applicable to financial institutions or other entities, the other provision of law controls.

Ohio Rev. Code Ann. § 1337.41 Remedies under other law

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The remedies provided under sections 1337.21 to 1337.64 of the Revised Code are not exclusive and do not abrogate any right or remedy under any other provision of law of this state.

Ohio Rev. Code Ann. § 1337.42 Authority that requires specific grant; grant of general authority

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(A) An agent under a power of attorney may do any of the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and if exercise of the authority is not otherwise prohibited by another agreement …

Ohio Rev. Code Ann. § 1337.43 Incorporation of authority

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(A) An agent has authority described in sections 1337.42 to 1337.58 of the Revised Code if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 1337.45 to 1337.58 of the Revised Code or cites the section of the…

Ohio Rev. Code Ann. § 1337.44 Construction of authority generally

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Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 1337.45 to 1337.58 of the Revised Code or that grants to an agent authority to do all acts that a principal could do pursuant to …

Ohio Rev. Code Ann. § 1337.45 Real property

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following: (A) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, …

Ohio Rev. Code Ann. § 1337.46 Tangible personal property

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following: (A) Demand, buy, receive, accept as a gift or as security for an extension of cr…

Ohio Rev. Code Ann. § 1337.47 Stocks and bonds

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to do all of the following: (A) Buy, sell, and exchange stocks and bonds;(B) Establish, continue, modify, or terminate…

Ohio Rev. Code Ann. § 1337.48 Commodities and options

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do both of the following: (A) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts …

Ohio Rev. Code Ann. § 1337.49 Banks and other financial institutions

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to do all of the following: (A) Continue, modify, and terminate an account or other banking arra…

Ohio Rev. Code Ann. § 1337.50 Operation of entity or business

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Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to the operation of an entity or business authorize…

Ohio Rev. Code Ann. § 1337.51 Insurance and annuities

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to do all of the following: (A) Continue, pay the premium or make a contribution on, modify, exchange, rescind,…

Ohio Rev. Code Ann. § 1337.52 Estates, trusts, and other beneficial interests

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(A) As used in this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be entitled to a share or payment. (B) Unless the powe…

Ohio Rev. Code Ann. § 1337.53 Claims and litigation

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following: (A) Assert and maintain before a court or administrative agency a claim, claim for re…