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Ohio Statutes, Title 17

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Title 17, Title 17. Corporations-Partnerships

41 chapters · 1,271 sections in this title.

All chapters in Title 171,271 Ch 1701, Chapter 1701 | General Corporation Law118 Ch 1706, Chapter 1706 | Ohio Revised Limited …92 Ch 1751, Chapter 1751 | Health Insuring Corpo…83 Ch 1707, Chapter 1707 | Securities77 Ch 1733, Chapter 1733 | Credit Unions77 Ch 1782, Chapter 1782 | Limited Partnerships76 Ch 1776, Chapter 1776 | Ohio Uniform Partners…73 Ch 1702, Chapter 1702 | Nonprofit Corporation Law67 Ch 1745, Chapter 1745 | Uniform Unincorporate…54 Ch 1729, Chapter 1729 | Ohio Cooperative Law53 Ch 1715, Chapter 1715 | Religious And Benevol…52 Ch 1713, Chapter 1713 | Educational Corporations50 Ch 1711, Chapter 1711 | Agricultural Societie…40 Ch 1703, Chapter 1703 | Foreign Corporations30

54 sections·Filtered byTitle 17✕Ch 1745✕

Ohio Rev. Code Ann. § 1745.05 Definitions
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As used in this chapter, unless the context otherwise requires: (A) "Authorized communications equipment" means any communications equipment that provides a transmission, including, but not limited to, by telephone, telecopy, or any electronic means, from which it can be determin…
Ohio Rev. Code Ann. § 1745.06 Relation to other law
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(A) Principles of law and equity supplement this chapter unless displaced by a particular provision of this chapter. (B) A statute in this state governing a particular type of unincorporated nonprofit association prevails over an inconsistent provision in this chapter to the exte…
Ohio Rev. Code Ann. § 1745.07 Governing law; territorial application
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(A) Except as otherwise provided in division (B) of this section, the law of this state governs all unincorporated nonprofit associations formed or operating in this state. (B) Unless the governing principles of an unincorporated nonprofit association specify a different jurisdic…
Ohio Rev. Code Ann. § 1745.08 Legal entity; perpetual existence; powers
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All of the following apply to an unincorporated nonprofit association: (A) It is a legal entity distinct from its members and managers.(B) It has perpetual duration unless its governing principles specify otherwise.(C) It has the same powers as an individual to do all things nece…

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Ohio Rev. Code Ann. § 1745.09 Ownership and transfer of property

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An unincorporated nonprofit association may acquire, hold, encumber, or transfer in its name an estate or interest in real or personal property. An unincorporated nonprofit association may be a legatee, a devisee, or a beneficiary of a trust or contract. All property acquired by …

Ohio Rev. Code Ann. § 1745.10 Liabilities

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A debt, obligation, or other liability of an unincorporated nonprofit association, whether arising in contract, tort, or otherwise, is solely the debt, obligation, or other liability of the association and does not become the debt, obligation, or other liability of a member or ma…

Ohio Rev. Code Ann. § 1745.11 Assertion and defense of claims

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An unincorporated nonprofit association has the capacity to sue and be sued in its own name. A member or a manager of an unincorporated nonprofit association may assert a claim that the member or manager has against the association. An unincorporated nonprofit association may ass…

Ohio Rev. Code Ann. § 1745.12 Assets subject to judgment, execution and other process

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All assets, property, funds, and rights or interests, at law or in equity, of any unincorporated nonprofit association shall be subject to judgment, execution, and other process. A money judgment against an unincorporated nonprofit association shall be enforced only against the a…

Ohio Rev. Code Ann. § 1745.13 Appointment of agent to receive service of process

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(A) An unincorporated nonprofit association may file in the office of the secretary of state a statement appointing an agent authorized to receive service of process. The agent shall be one of the following: (1) A natural person who is a resident of this state;(2) A domestic or f…

Ohio Rev. Code Ann. § 1745.14 Service of process

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In an action or proceeding against an unincorporated nonprofit association, a summons and complaint or other process may be served on an agent authorized by appointment to receive service of process or a manager of the association or in any other manner authorized by the law of t…

Ohio Rev. Code Ann. § 1745.15 Action or proceeding not abated by change

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An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers.

Ohio Rev. Code Ann. § 1745.16 Venue

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Unless otherwise provided by law, the venue of an action against an unincorporated nonprofit association brought in this state shall be determined under the statutes applicable to an action brought in this state against a nonprofit corporation.

Ohio Rev. Code Ann. § 1745.17 Member not an agent

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A member of an unincorporated nonprofit association is not an agent of the association solely by reason of being a member.

Ohio Rev. Code Ann. § 1745.18 Approval by members

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Except as otherwise provided in its governing principles, an unincorporated nonprofit association shall have the approval of its members to do any of the following: (A) Admit, suspend, dismiss, or expel a member;(B) Select or dismiss a manager;(C) Adopt, amend, or repeal its gove…

Ohio Rev. Code Ann. § 1745.19 Notice requirements

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(A) Unless another form of notice is required by the governing principles of an unincorporated nonprofit association or by applicable law, any notice required by this chapter shall be in writing and shall be delivered personally or sent by telegram, by the use of authorized commu…

Ohio Rev. Code Ann. § 1745.20 Membership

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(A) An unincorporated nonprofit association shall maintain a record of its members containing the name and address of each member and, if members are classified, the class to which the member belongs. (B) A member of an unincorporated nonprofit association may be suspended, dismi…

Ohio Rev. Code Ann. § 1745.21 Meetings of voting members; calling and place of meeting

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(A) Unless the governing principles provide otherwise, meetings of voting members of an unincorporated nonprofit association may be called by any of the following: (1) The president or, in case of the president's absence, death, or disability, the vice-president authorized to exe…

Ohio Rev. Code Ann. § 1745.22 Notice of meeting

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Unless the governing principles provide for notice of meetings otherwise than as provided in this section, written notice stating the place, if any, and the time of a meeting, the means, if any, by which the voting members can be present and vote at the meeting through the use of…

Ohio Rev. Code Ann. § 1745.23 Waiver of notice

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(A) Notice of the place, if any, the time, and the purpose or purposes of any meeting of voting members or managers, as the case may be, whether required by law or the governing principles may be waived in writing, either before or after the holding of that meeting, by any member…

Ohio Rev. Code Ann. § 1745.24 Quorum for voting members' meeting

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Unless the governing principles provide otherwise, the following apply: (A) The voting members present in person, by the use of authorized communications equipment, by mail, or, if permitted, by proxy at any meeting of voting members shall constitute a quorum for the meeting.(B) …

Ohio Rev. Code Ann. § 1745.25 Voting

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(A) Except as otherwise provided in the governing principles, each member, regardless of class, shall be entitled to one vote on each matter properly submitted to the members for their vote, consent, waiver, release, or other action. (B) Unless the governing principles provide ot…

Ohio Rev. Code Ann. § 1745.26 Special voting requirements for members or managers

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Whenever with respect to the authorization or taking of any action by the members or the managers the governing principles require the vote, consent, waiver, or release of a greater proportion or number of the members or the managers than that otherwise required by law with respe…

Ohio Rev. Code Ann. § 1745.27 Vote of members required for rescission or revocation

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The authorization or taking of any action by vote, consent, waiver, or release of the members may be rescinded or revoked by the same vote, consent, waiver, or release as at the time of rescission or revocation would be required to authorize or take that action in the first insta…

Ohio Rev. Code Ann. § 1745.28 Action without a meeting

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(A) Unless the governing principles prohibit the authorization or taking of any action of the members or the managers without a meeting, any action that may be authorized or taken at a meeting of the members or the managers, as the case may be, may be authorized or taken without …

Ohio Rev. Code Ann. § 1745.29 Admission, suspension, dismissal, or expulsion of members

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(A) A person becomes a member of an unincorporated nonprofit association and may be suspended, dismissed, or expelled in accordance with the association's governing principles. If there are no applicable governing principles, a person may become a member or be suspended, dismisse…

Ohio Rev. Code Ann. § 1745.30 Member's resignation

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(A) A member may resign from membership in an unincorporated nonprofit association in accordance with the governing principles. In the absence of applicable governing principles, a member may resign at any time. (B) Unless the governing principles provide otherwise, resignation o…

Ohio Rev. Code Ann. § 1745.31 Membership interest not transferable

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Except as otherwise provided in the governing principles, any interest or right of the member under the governing principles is not transferable.

Ohio Rev. Code Ann. § 1745.32 Selection of managers; management rights of managers

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Except as otherwise provided in this chapter or the governing principles, all of the following apply: (A) The members of an unincorporated nonprofit association may select the manager or managers.(B) A manager may be a member of the association.(C) If no manager is selected, all …

Ohio Rev. Code Ann. § 1745.33 Authority and duties of manager; standard of care

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(A) Except when the law or the governing principles require that action be otherwise authorized or taken, all of the authority of an unincorporated nonprofit association shall be exercised by or under the direction of its manager or managers. (B) The only fiduciary duties a manag…

Ohio Rev. Code Ann. § 1745.34 Meetings of managers; notice

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Unless otherwise provided in the governing principles, the following apply: (A) Meetings of the managers may be called by any two managers or by any chairperson, president, or vice-president of the unincorporated nonprofit association.(B) Meetings of the managers may be held at a…

Ohio Rev. Code Ann. § 1745.35 Quorum for managers' meeting

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Unless the governing principles provide otherwise, a majority of the whole authorized number of managers is necessary to constitute a quorum for a meeting of the managers, except that a majority of the managers in office constitutes a quorum for filling a vacancy in the position …

Ohio Rev. Code Ann. § 1745.36 Executive and other committees of managers

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(A) The governing principles may provide for the creation by the managers of an executive committee or any other committee of the managers, to consist of one or more managers, and may authorize the delegation to that committee of any of the authority of the managers, however conf…

Ohio Rev. Code Ann. § 1745.37 Officers; authority and removal

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(A) The officers of an unincorporated nonprofit association, if any, may consist of a president, a secretary, a treasurer, and, if desired, a chairperson, one or more vice-presidents, and any other officers and assistant officers that may be considered necessary, each of whom may…

Ohio Rev. Code Ann. § 1745.38 Association mortgages

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The managers of an unincorporated nonprofit association may authorize any mortgage, pledge, or deed of trust of all or any of the property of the association of any description or any interest in the property, for the purpose of securing the payment or performance of any obligati…

Ohio Rev. Code Ann. § 1745.39 Right of a member or manager to information

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(A) On reasonable notice, a member or manager of an unincorporated nonprofit association may inspect and copy during the association's regular operating hours and at a reasonable location specified by the association any record maintained by the association regarding its activiti…

Ohio Rev. Code Ann. § 1745.40 Distributions prohibited; compensation and other permitted payments

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(A) Except as otherwise provided in division (B) of this section, an unincorporated nonprofit association may not pay dividends or distribute any part of its income or profits to a member, manager, officer, or other private person. (B) An unincorporated nonprofit association may …

Ohio Rev. Code Ann. § 1745.41 Removal of managers and filling vacancies

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(A) The office of a manager becomes vacant if the manager dies or resigns. A resignation under this division takes effect immediately or at any other time that the manager may specify. (B) A manager may be removed from office pursuant to any procedure for removal from office prov…

Ohio Rev. Code Ann. § 1745.42 Interest of member, manager or officer in contract

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(A) Unless otherwise provided in the governing principles, the following apply: (1) No contract, action, or transaction is void or voidable with respect to an unincorporated nonprofit association because the contract, action, or transaction is between or affects the association a…

Ohio Rev. Code Ann. § 1745.43 Indemnification; advancement of expenses

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(A) An unincorporated nonprofit association may indemnify or agree to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed civil, criminal, administrative, or investigative action, suit, or proceeding, other than …

Ohio Rev. Code Ann. § 1745.44 Sale or other disposition of assets

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(A) Unless the governing principles of the unincorporated nonprofit association provide otherwise, the lease, sale, exchange, transfer, or other disposition of any assets of the association may be made without the necessity of procuring authorization from the court under section …

Ohio Rev. Code Ann. § 1745.45 Judicial sale of assets

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Property of any description and any interest in the property of an unincorporated nonprofit association, domestic or foreign, may be sold under the judgment or decree of a court, as provided in the Revised Code with respect to similar property of natural persons, at a public or p…

Ohio Rev. Code Ann. § 1745.46 Merger or consolidation into domestic unincorporated nonprofit association

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(A)(1) Pursuant to an agreement of merger, an unincorporated nonprofit association and one or more additional domestic or foreign entities may be merged into a surviving unincorporated nonprofit association. Pursuant to an agreement of consolidation, one or more domestic or forei…

Ohio Rev. Code Ann. § 1745.461 Merger or consolidation into entity other than domestic unincorporated nonprofit association

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(A)(1) Pursuant to an agreement of merger between the constituent entities as provided in this section, a domestic unincorporated nonprofit association and, if so provided, one or more additional domestic or foreign entities may be merged into a surviving entity other than a dome…

Ohio Rev. Code Ann. § 1745.47 Agreement of merger or consolidation; vote by members

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(A) The managers of each constituent domestic unincorporated nonprofit association, upon approving an agreement of merger or consolidation, shall direct that the agreement be submitted to the members entitled to vote on it at a meeting of voting members of that unincorporated non…

Ohio Rev. Code Ann. § 1745.48 Effect of merger or consolidation

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(A) When a merger or consolidation becomes effective, all of the following apply: (1) The separate existence of each constituent entity other than the surviving entity in a merger shall cease, except that whenever a conveyance, assignment, transfer, deed, or other instrument or a…

Ohio Rev. Code Ann. § 1745.49 Effective date of merger or consolidation

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The merger or consolidation shall become effective at the time that the constituent entities have complied with the laws of each state under the laws of which the constituent entities exist or at any later date that the agreement of merger or consolidation specifies.

Ohio Rev. Code Ann. § 1745.50 Voluntary dissolution

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(A) An unincorporated nonprofit association may be dissolved voluntarily in the manner provided in this section. (B) A resolution of dissolution for an unincorporated nonprofit association shall set forth all of the following:(1) That the association elects to be dissolved;(2) An…

Ohio Rev. Code Ann. § 1745.51 Notice of voluntary dissolution

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Following the adoption of a resolution of dissolution, the managers in an expeditious manner shall do both of the following: (A) Cause a notice of voluntary dissolution to be published once a week on the same day of each week for two successive weeks, in a newspaper published and…

Ohio Rev. Code Ann. § 1745.52 Effect of voluntary dissolution and authority and duties of managers during winding up

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(A) When an unincorporated nonprofit association is dissolved voluntarily upon the expiration of the period of existence of the association specified in its governing principles, the association shall cease to carry on its activities and shall do only those acts that are required…

Ohio Rev. Code Ann. § 1745.53 Jurisdiction of court over winding up of affairs of voluntarily dissolved unincorporated nonprofit association

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(A) Without limiting the generality of its authority, the court of common pleas of the county in this state in which is located the principal office of a voluntarily dissolved unincorporated nonprofit association or of an unincorporated nonprofit association whose period of exist…