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Ohio Statutes, Title 13

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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. § 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…
Ohio Rev. Code Ann. § 1337.54 Personal and family maintenance

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(A) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to do all of the following: (1) Perform the acts necessary to maintain the customary standard of li…

Ohio Rev. Code Ann. § 1337.55 Benefits from governmental programs or civil or military service

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(A) As used in this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medicare, and medicaid. (B) Unless the power of attorney otherwise provides…

Ohio Rev. Code Ann. § 1337.56 Retirement plans

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(A) As used in this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including any of the followi…

Ohio Rev. Code Ann. § 1337.57 Taxes

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to do all of the following: (A) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Feder…

Ohio Rev. Code Ann. § 1337.571 Digital assets

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Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital assets causes the agent to be an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws and authorizes t…

Ohio Rev. Code Ann. § 1337.58 Gifts

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(A) As used in this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code of 1986, 26 U.S.C. 5…

Ohio Rev. Code Ann. § 1337.59 Construction under former law

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In a power of attorney executed on or after March 29, 2006, and before the effective date of this section that either uses the statutory power of attorney form contained in former section 1337.18 of the Revised Code or that incorporates by reference any one or more of the powers …

Ohio Rev. Code Ann. § 1337.60 Statutory form power of attorney

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A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by sections 1337.21 to 1337.64 of the Revised Code. [INSERT NAME OF JURISDICTION] STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMAT…

Ohio Rev. Code Ann. § 1337.61 Agent's certification

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The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of Ohio County of _____________________ I, _________________________________________ (Nam…

Ohio Rev. Code Ann. § 1337.62 Uniformity of application and construction

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In applying and construing sections 1337.21 to 1337.64 of the Revised Code, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Ohio Rev. Code Ann. § 1337.63 Relation to electronic signatures in global and national commerce act

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Sections 1337.21 to 1337.64 of the Revised Code modify, limit, and supersede the "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. 7001 et seq., with the exception of section 101(c) of that act, 15 U.S.C. 7001(c). Sections 1337.21 to 1337.64 of the Revised Co…

Ohio Rev. Code Ann. § 1337.64 Effect on existing powers of attorney

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(A) Except as otherwise provided in sections 1337.21 to 1337.64 of the Revised Code, on the effective date of this section, those sections apply to all of the following: (1) A power of attorney created before, on, or after the effective date of this section; (2) A judicial procee…

Ohio Rev. Code Ann. § 1341.01 Qualifications of sureties

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Sureties must be residents of this state and worth, in the aggregate, double the sum to be secured, beyond the amount of their debts, and have property liable to execution in this state equal to the sum to be secured.

Ohio Rev. Code Ann. § 1341.02 Sureties may be required to testify concerning their sufficiency

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A court or an officer authorized by law to approve a surety may require such person to testify, orally or in writing, touching his sufficiency; but this shall not, in itself, exonerate the officer in an action for taking insufficient surety.

Ohio Rev. Code Ann. § 1341.03 Certain sureties cannot waive their rights

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In contracts for the payment of money to banks or bankers, sureties in fact, known to the parties to be such at the time such contracts were made, may be proved, and shall be considered in all courts, to be sureties, and have all the privileges of sureties, anything in the contra…

Ohio Rev. Code Ann. § 1341.04 Sureties may require creditors to sue

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A person bound as surety in a written instrument for the payment of money or other valuable thing, if a right of action accrued thereon, may require his creditor, by notice in writing, to commence an action on such instrument forthwith against the principal debtor. Unless the cre…

Ohio Rev. Code Ann. § 1341.05 Representatives of sureties

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The executor or administrator of a surety bound as provided in section 1341.04 of the Revised Code, in like manner may make requisition of the creditor, his executor, or administrator, as provided in such section. In case of failure of the creditor, or his executor, or administra…

Ohio Rev. Code Ann. § 1341.06 Limitations

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Sections 1341.04 and 1341.05 of the Revised Code do not affect bonds required by law to be given by guardians, executors, administrators, trustees of an express trust, public officers, or any bond or undertaking required by law to be given in an action or legal proceeding in any …

Ohio Rev. Code Ann. § 1341.07 Surety on judgment may revive

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When the surety in a judgment, who is certified therein to be such, or his personal representative, pays the judgment, or part thereof, to the extent of such payment he shall have all the rights and remedies against the principal debtor that the plaintiff had at the time of such …

Ohio Rev. Code Ann. § 1341.08 Sureties of county officers may apply to be discharged

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A surety of any county officer, except a county commissioner, may notify the board of county commissioners by giving at least five days' written notice that he is unwilling to continue as surety for such officer, and will at a time to be then named make application to such board …

Ohio Rev. Code Ann. § 1341.09 Duty of board of county commissioners with reference to release of sureties

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Upon notice being given, as provided in section 1341.08 of the Revised Code, the board of county commissioners shall hear the application, and if in its opinion there is good reason therefor, shall require such officer to give a new bond, conditioned according to law, to its sati…

Ohio Rev. Code Ann. § 1341.10 Sureties for county officers not released until new bond filed

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The original sureties of a county officer shall not be released or discharged until the filing of a new bond as required by section 1341.09 of the Revised Code, or the expiration of the time allowed therefor, but shall be liable only for the official acts of such officer from the…

Ohio Rev. Code Ann. § 1341.11 Sureties of constable or marshal may apply to be discharged

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If a constable, or the marshal of a municipal corporation, on demand made for that purpose by a person entitled thereto, his agent, or attorney, neglects or refuses to pay all money by him received in his official capacity for the use of such person, a surety of such constable or…

Ohio Rev. Code Ann. § 1341.12 Proceedings by legislative authority or trustees

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Upon notice being given by a surety of his unwillingness to continue as surety of a constable or marshal, the board of township trustees or legislative authority of the municipal corporation shall immediately inform such constable or marshal, in writing, of the refusal of his sur…

Ohio Rev. Code Ann. § 1341.13 Sureties of treasurer of school fund may apply to be discharged

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A surety of the treasurer of school funds, in any lawfully organized school district, may notify the board of education of the district by at least five days' notice, in writing, that he is unwilling to continue as surety for such treasurer, and at a time therein named, will make…

Ohio Rev. Code Ann. § 1341.14 Proceedings by board of education

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Upon notice being given as provided in section 1341.13 of the Revised Code, the board of education shall hear the application, and, if in its opinion there is good reason therefor, require the treasurer to give a new bond, conditioned according to law, and to the satisfaction of …

Ohio Rev. Code Ann. § 1341.15 Sureties for treasurer of school fund not released until bond filed

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The original surety mentioned in section 1341.13 of the Revised Code, shall not be released or discharged until the filing of the new bond or the expiration of the time allowed therefor under section 1341.14 of the Revised Code. The cost of the application provided for in section…

Ohio Rev. Code Ann. § 1341.16 Sureties of township officers may apply to be discharged

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A surety of a constable, township fiscal officer, or other township officer, may notify the board of township trustees, by giving at least five days' notice in writing, that the surety is unwilling to continue as surety for the officer and, at a time named in the notice, will mak…

Ohio Rev. Code Ann. § 1341.17 Proceedings by board of township trustees

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Upon notice being given as provided in section 1341.16 of the Revised Code, the board of township trustees shall hear the application, and if it finds that such officer on demand by a person entitled thereto, his agent, or attorney, neglects or refuses to pay over all money recei…

Ohio Rev. Code Ann. § 1341.18 Sureties for township officers not released until bond filed

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The original sureties mentioned in section 1341.16 of the Revised Code shall not be released or discharged until the filing of a new bond, or the expiration of the time allowed therefor under section 1341.17 of the Revised Code, but shall be liable only for the official acts of s…

Ohio Rev. Code Ann. § 1341.19 Sureties may compel principal to pay debt

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A surety may maintain an action against his principal to compel him to discharge the debt or liability for which the surety is bound, after it becomes due.

Ohio Rev. Code Ann. § 1341.20 Surety may have action for indemnity before debt due

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A surety may maintain an action against his principal to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist upon which an order may be made for arrest of a debtor, or for an attachment.

Ohio Rev. Code Ann. § 1341.21 Surety may have provisional remedy

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In an action under section 1341.20 of the Revised Code the surety may obtain any provisional remedies mentioned in Chapters 2713., 2715., 2727., and 2735. and sections 2327.03 and 2327.04 of the Revised Code, upon the grounds and in the manner provided by law.

Ohio Rev. Code Ann. § 1341.22 Joint control of moneys and assets

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Any party of whom a bond, undertaking, or other obligation is required, may agree with his surety for the deposit and safekeeping of any assets for which he and his surety are or may be held responsible. If such deposit is otherwise proper, it shall be made with or in the vaults …

Ohio Rev. Code Ann. § 1343.01 Maximum rate of interest

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(A) The parties to a bond, bill, promissory note, or other instrument of writing for the forbearance or payment of money at any future time, may stipulate therein for the payment of interest upon the amount thereof at any rate not exceeding eight per cent per annum payable annual…

Ohio Rev. Code Ann. § 1343.011 Residential mortgage loans

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(A) As used in this section: (1) "Discount points" means any charges, whether or not actually denominated as "discount points," that are paid by the seller or the buyer of residential real property to a residential mortgage lender or that are deducted and retained by a residentia…

Ohio Rev. Code Ann. § 1343.02 Written stipulations for payment of interest

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Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with section 1343.01 of the Revised Code, interest shall be computed until payment is made at the rate specif…

Ohio Rev. Code Ann. § 1343.03 Rate not stipulated

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(A) In cases other than those provided for in sections 1343.01 and 1343.02 of the Revised Code, when money becomes due and payable upon any bond, bill, note, or other instrument of writing, upon any book account, upon any settlement between parties, upon all verbal contracts ente…

Ohio Rev. Code Ann. § 1343.031 Maximum interest charged person on active duty - notice to creditor - relief

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(A) As used in this section: (1) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code. (2) "Obligation" means any retail installment sal…

Ohio Rev. Code Ann. § 1343.04 Usurious interest

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Payments of money or property made by way of usurious interest, whether made in advance or not, as to the excess of interest above the rate allowed by law at the time of making the contract, shall be taken to be payments made on account of principal; and judgment shall be rendere…

Ohio Rev. Code Ann. § 1343.05 Bona fide indorsee of negotiable paper purchased before due

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No debtor is deemed a particeps criminis on account of having paid, or agreeing to pay, the exorbitant interest mentioned in section 1343.04 of the Revised Code, but he shall have like remedy and relief in either case. No bona fide indorsee of negotiable paper purchased before du…

Ohio Rev. Code Ann. § 1345.01 Consumer sales practices definitions

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As used in sections 1345.01 to 1345.13 of the Revised Code: (A) "Consumer transaction" means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, fam…

Ohio Rev. Code Ann. § 1345.02 Unfair or deceptive acts or practices

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(A) No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction. Such an unfair or deceptive act or practice by a supplier violates this section whether it occurs before, during, or after the transaction. (B) Without limiting the scop…

Ohio Rev. Code Ann. § 1345.022 Installation of unsafe used tires

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(A) As used in this section: (1) "Passenger car" has the same meaning as in section 4513.021 of the Revised Code. (2) "Unsafe used tire" means a used tire to which any of the following criteria applies: (a) The tire is worn to two thirty-seconds of an inch tread depth or less on …

Ohio Rev. Code Ann. § 1345.03 Unconscionable consumer sales acts or practices

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(A) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction. (B) In determining whether an act or pr…

Ohio Rev. Code Ann. § 1345.031 Unconscionable acts by supplier prohibited - unconscionable provisions

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(A) No supplier shall commit an unconscionable act or practice concerning a consumer transaction in connection with the origination of a residential mortgage. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the…

Ohio Rev. Code Ann. § 1345.032 Suppliers soliciting fees for copies of deeds

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(A) As used in this section: (1) "Deed" means a written instrument entitled to be recorded in the office of the county recorder of the county in which the subject property is situated that purports to convey or transfer title in fee simple of real property in this state. "Deed" i…