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Ohio Statutes, Title 13

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Ohio/Statutes

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Title 13, Commercial Transactions

40 chapters · 1,486 sections in this title.

All chapters in Title 131,486 Ch 1309, Secured Transactions143 Ch 1321, Various Loans109 Ch 1302, Sales97 Ch 1310, Leases78 Ch 1311, Liens77 Ch 1304, Bank Deposits And Collections74 Ch 1345, Consumer Sales Practices68 Ch 1333, Trade Practices67 Ch 1303, Commercial Paper66 Ch 1337, Power Of Attorney62 Ch 1349, Consumer Protection60 Ch 1313, Voluntary Assignments56 Ch 1308, Investment Securities49 Ch 1329, Labels And Marks45

1,486 sections·Filtered byTitle 13✕

Ohio Rev. Code Ann. § 1333.65 Authorized means of preserving secrecy
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In an action under sections 1333.61 to 1333.69 of the Revised Code, a court shall preserve the secrecy of an alleged trade secret by reasonable means that may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the reco…
Ohio Rev. Code Ann. § 1333.66 Time for commencing action
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An action for misappropriation shall be commenced within four years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Ohio Rev. Code Ann. § 1333.67 Conflicting laws displaced - remedies not affected
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(A) Except as provided in division (B) of this section, sections 1333.61 to 1333.69 of the Revised Code displace conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret. (B) Sections 1333.61 to 1333.69 of the …
Ohio Rev. Code Ann. § 1333.68 Uniformity of application and construction of provisions

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Sections 1333.61 to 1333.69 of the Revised Code shall be applied and construed to effectuate their general purpose to make uniform the law with respect to their subject among states enacting them.

Ohio Rev. Code Ann. § 1333.69 Title of act

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Sections 1333.61 to 1333.69 of the Revised Code may be cited as the "Uniform Trade Secrets Act."

Ohio Rev. Code Ann. § 1333.71 Sale of containers with milk or baked goods company logo

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No person shall sell or purchase a plastic crate or tray that is used for the carrying of retail containers of milk or baked goods and that has embossed upon it a company logo.

Ohio Rev. Code Ann. § 1333.72 Energy usage labels for new grain-drying equipment

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No person shall sell, offer for sale, or install for use any new grain-drying equipment unless the equipment is labeled or accompanied by an operator's manual to indicate its energy usage to the prospective purchaser of the equipment. Whoever violates this section is guilty of a …

Ohio Rev. Code Ann. § 1333.73 Energy efficiency standards for HVAC and appliances

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No person shall sell, offer for sale, or install for use any new central air conditioner, refrigerator, refrigerator-freezer, freezer, kitchen range or oven, dishwasher, clothes washer, clothes dryer, furnace, water heater, room air conditioner, television set, humidifier, home h…

Ohio Rev. Code Ann. § 1333.81 Confidentiality of information

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No employee of another, who in the course and within the scope of his employment receives any confidential matter or information, shall knowingly, without the consent of his employer, furnish or disclose such matter or information to any person not privileged to acquire it.

Ohio Rev. Code Ann. § 1333.82 Alcoholic beverages franchise definitions

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As used in sections 1333.82 to 1333.87 of the Revised Code: (A) "Alcoholic beverages" means beer and wine as defined in section 4301.01 of the Revised Code. (B) "Manufacturer" means a person, whether located in this state or elsewhere, that manufactures or supplies alcoholic beve…

Ohio Rev. Code Ann. § 1333.83 Written franchise agreement

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Every manufacturer of alcoholic beverages shall contract with or offer in good faith to its distributors a written franchise providing for, and specifying the rights and duties of both parties in effecting, the sale of the specified brands or products of the manufacturer. Any pro…

Ohio Rev. Code Ann. § 1333.84 Prohibited acts

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Notwithstanding the terms of any franchise, no manufacturer or distributor engaged in the sale and distribution of alcoholic beverages, or a subsidiary of any such manufacturer, shall: (A) Fail to act in good faith or without just cause in acting or purporting to act under the te…

Ohio Rev. Code Ann. § 1333.85 Cancellation, failure to renew or substantial change in territory

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Except as provided in divisions (A) to (D) of this section, no manufacturer or distributor shall cancel or fail to renew a franchise or substantially change a sales area or territory without the prior consent of the other party for other than just cause and without at least sixty…

Ohio Rev. Code Ann. § 1333.851 Distributors of acquired manufacturers

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(A) With respect to any merger, acquisition, purchase, or assignment under division (D) of section 1333.85 of the Revised Code, both of the following apply: (1) The territories for the particular product or brand of alcoholic beverage shall not be assigned to another distributor …

Ohio Rev. Code Ann. § 1333.86 Distributor to maintain adequate physical facilities and personnel

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During the effective period of a franchise, the distributor shall maintain adequate physical facilities and personnel so that the product or brands of the manufacturer are at all times properly represented in the sales area of the distributor, the reputation and trade name of the…

Ohio Rev. Code Ann. § 1333.87 Liability for violation

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Any manufacturer or distributor who directly or through an officer, employee, or agent violates sections 1333.82 to 1333.86 of the Revised Code is liable to the party injured by such violation for all reasonable damages sustained by the party that are the proximate result of the …

Ohio Rev. Code Ann. § 1333.91 Pyramid promotional scheme definitions

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As used in sections 1333.91 to 1333.94 of the Revised Code: (A) "Pyramid promotional scheme" means any plan or operation by which individuals pay consideration for the chance or opportunity to receive compensation that is derived primarily from recruiting other individuals into t…

Ohio Rev. Code Ann. § 1333.92 Prohibition

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No person shall propose, plan, prepare, or operate a pyramid promotional scheme.

Ohio Rev. Code Ann. § 1333.93 Contract void - civil action

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Any contract made in violation of section 1333.92 of the Revised Code is void. Any individual who has paid consideration for the chance or opportunity to participate in a pyramid promotional scheme may recover, in a civil action, the amount of the consideration paid, together wit…

Ohio Rev. Code Ann. § 1333.94 Violation; remedies

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(A) Failure to comply with section 1333.92 of the Revised Code constitutes an unfair or deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code. (B) The attorney general may do the following: (1) Whenever it appears …

Ohio Rev. Code Ann. § 1333.95 Additional remedies

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The remedies in sections 1333.91 to 1333.95 of the Revised Code are in addition to remedies otherwise available.

Ohio Rev. Code Ann. § 1333.99 Penalty

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(A) Whoever violates sections 1333.01 to 1333.04 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 1333.12 or 1333.71 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates section 1333.36 of the Revised Code is …

Ohio Rev. Code Ann. § 1334.01 Business opportunity plan definitions

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As used in sections 1334.01 to 1334.15 of the Revised Code: (A) "Seller" means a person who sells or leases a business opportunity plan. (B) "Purchaser" means a person to whom a business opportunity plan is sold or leased. (C) "Broker" means a person, other than a seller, who sel…

Ohio Rev. Code Ann. § 1334.02 Written disclosure document

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In connection with the sale or lease of a business opportunity plan, no seller or broker shall fail to provide to a prospective purchaser, at least ten business days prior to the execution of an agreement selling or leasing a business opportunity plan, a written disclosure docume…

Ohio Rev. Code Ann. § 1334.03 Prohibitions

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In connection with the sale or lease of a business opportunity plan, no seller or broker shall: (A) Make any oral, written, or visual representation to a prospective purchaser concerning potential sales, income, or gross or net profit, unless: (1) The seller possesses data to sub…

Ohio Rev. Code Ann. § 1334.04 Seller to establish surety bond or establish trust account

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(A) If, pursuant to division (H) of section 1334.03 of the Revised Code, a seller is required to obtain a surety bond or establish a trust account, the bond or trust account required shall be in favor of the state for the benefit of any purchaser who is damaged by a violation of,…

Ohio Rev. Code Ann. § 1334.05 Right to cancel

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(A) In addition to any other right or remedy available to a purchaser under sections 1334.01 to 1334.15 of the Revised Code, a purchaser has the right to cancel an agreement selling or leasing to the purchaser a business opportunity plan, in accordance with the following conditio…

Ohio Rev. Code Ann. § 1334.06 Written agreements - contents

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(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed. The agreement shall contain a…

Ohio Rev. Code Ann. § 1334.07 Attorney general investigations

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If by his own inquiries, or as a result of complaints, the attorney general has reasonable cause to believe that a seller or broker has engaged, is engaging, or is threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code, he may in…

Ohio Rev. Code Ann. § 1334.08 Attorney general actions

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(A) If the attorney general, by his own inquiries or as a result of complaints has reasonable cause to believe that a person has engaged, is engaging, or threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code, he may bring any of…

Ohio Rev. Code Ann. § 1334.09 Action for rescission and damages

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(A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following: (1) In an individual action: (a) Rescind the agreement by giving written notice to the seller within three years of the date of …

Ohio Rev. Code Ann. § 1334.10 Jurisdiction

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(A) The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any seller or broker with respect to any act or practice covered by sections 1334.01 to 1334.15 of the Revised Code, or with respect to any claim a…

Ohio Rev. Code Ann. § 1334.11 Defenses

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Notwithstanding section 1303.35 of the Revised Code, a purchaser who executes an agreement selling or leasing to him a business opportunity plan or a note in connection with such an agreement may assert as a defense to a claim by a holder in due course, as defined in section 1303…

Ohio Rev. Code Ann. § 1334.12 Application of chapter

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Sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) The relationship between an employer and an employee, or among general business partners; (B) Membership in a bona fide cooperative association of producers of agricultural products authorized by section 1 of th…

Ohio Rev. Code Ann. § 1334.13 Certain franchising transactions exempted

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Except for division (H) of section 1334.03 and section 1334.04 of the Revised Code, sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclos…

Ohio Rev. Code Ann. § 1334.14 Burden of proof

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In any case arising under section 1334.08 or 1334.09 of the Revised Code, the burden of proving an exemption or exception from section 1334.12 or 1334.13 of the Revised Code is upon the person who claims the exemption or exception.

Ohio Rev. Code Ann. § 1334.15 Legislative intent; remedies; waiver

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(A) The general assembly declares that the offer and sale of business opportunity plans is a matter affected with a public interest. The general assembly further declares that it is the intent of this chapter to protect prospective purchasers of business opportunity plans by requ…

Ohio Rev. Code Ann. § 1334.99 Penalty

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Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree.

Ohio Rev. Code Ann. § 1335.02 Actions on loan agreements

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(A) As used in this section: (1) "Debtor" means a person that obtains credit or seeks a loan agreement with a financial institution or owes money to a financial institution. (2) "Financial institution" means a ny of the following: (a) A federally or state-chartered bank, savings …

Ohio Rev. Code Ann. § 1335.04 Interest in land to be granted in writing

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No lease, estate, or interest, either of freehold or term of years, or any uncertain interest of, in, or out of lands, tenements, or hereditaments, shall be assigned or granted except by deed, or note in writing, signed by the party assigning or granting it, or his agent thereunt…

Ohio Rev. Code Ann. § 1335.05 Certain agreements to be in writing

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No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person…

Ohio Rev. Code Ann. § 1335.11 Paying commission on sales

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(A) As used in this section: (1) "Commission" means compensation accruing to a person for payment by another person, the rate of which is expressed as a percentage of the dollar amount of orders, sales, or profits. (2) "Principal" means a person who does all of the following: (a)…

Ohio Rev. Code Ann. § 1336.01 Ohio uniform fraudulent transfer act definitions

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As used in this chapter: (A) "Affiliate" means any of the following: (1) A person who directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities in ei…

Ohio Rev. Code Ann. § 1336.02 Insolvent debtor

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(A)(1) A debtor is insolvent if the sum of the debts of the debtor is greater than all of the assets of the debtor at a fair valuation. (2) A debtor who generally is not paying his debts as they become due is presumed to be insolvent. (B) A partnership is insolvent under division…

Ohio Rev. Code Ann. § 1336.03 Giving value

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(A) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the business o…

Ohio Rev. Code Ann. § 1336.04 Transfer made or obligation incurred fraudulent as to creditor

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(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor, whether the claim of the creditor arose before, or within a reasonable time not to exceed four years after, the transfer was made or the obligation was incurred, if the debtor made the trans…

Ohio Rev. Code Ann. § 1336.05 Claims arising before the transfer or obligation incurred

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(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exc…

Ohio Rev. Code Ann. § 1336.06 When transfer made or obligation incurred

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For the purposes of this chapter: (A)(1) A transfer is made if either of the following applies: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transf…

Ohio Rev. Code Ann. § 1336.07 Remedies of creditor

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(A) In an action for relief arising out of a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, a creditor or a child support enforcement agency on behalf of a support creditor, subject to the limitations in section 1336.08 of the R…

Ohio Rev. Code Ann. § 1336.08 Bona fide transfers - voidable transfers

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(A) A transfer or an obligation is not fraudulent under division (A)(1) of section 1336.04 of the Revised Code against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (B)(1) Except as otherwise provided in thi…