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Ohio Statutes, Title 13

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Ohio/Statutes

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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

1,479 sections·Filtered byTitle 13✕

Ohio Rev. Code Ann. § 1308.05 Applicability - choice of law - UCC 8-110
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(A) The local law of the issuer's jurisdiction, as specified in division (D) of this section, governs:(1) The validity of a security;(2) The rights and duties of the issuer with respect to registration of transfer;(3) The effectiveness of registration of transfer by the issuer;(4…
Ohio Rev. Code Ann. § 1308.06 Clearing corporation rules - UCC 8-111
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A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even if the rule conflicts with this chapter and affects another party who does not consent to the rule.
Ohio Rev. Code Ann. § 1308.07 Statute of frauds inapplicable - UCC 8-113
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A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within…
Ohio Rev. Code Ann. § 1308.08 Issuer - UCC 8-201
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(A) With respect to obligations on or defenses to a security, "issuer" includes a person who:(1) Places or authorizes the placing of its name on a security certificate, otherwise than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, particip…

Showing 351–400 of 1,479

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Ohio Rev. Code Ann. § 1308.09 Issuer's responsibility and defenses - notice of defect or defense - UCC 8-202

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(A) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute,…

Ohio Rev. Code Ann. § 1308.10 Staleness as notice of defect or defense - UCC 8-203

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After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or that sets a date on or after which the security is to be presented or surrendered for redemption or exch…

Ohio Rev. Code Ann. § 1308.11 Effect of issuer's restriction on transfer - UCC 8-204 - issuer's lien - UCC 8-209

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(A) A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without actual knowledge of it unless:(1) The security is certificated and the restriction is noted conspicuously on the security certificate; or(2) The se…

Ohio Rev. Code Ann. § 1308.12 Effect of unauthorized signature on security certificate - UCC 8-205

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An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing ha…

Ohio Rev. Code Ann. § 1308.13 Completion or alteration of security certificate - UCC 8-206

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(A) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:(1) Any person may complete it by filling in the blanks as authorized; and(2) Even if the blanks are incorrectly filled in, the security as completed is…

Ohio Rev. Code Ann. § 1308.14 Rights and duties of issuer with respect to registered owners - UCC 8-207

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(A) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively e…

Ohio Rev. Code Ann. § 1308.15 Effect of signature of authenticating trustee, registrar, or transfer agent - UCC 8-208

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(A) A person signing a security certificate as authenticating trustee, registrar, transfer agent, or the like, warrants to a purchaser for value of the certificated security, if the purchaser is without notice of the particular defect, that:(1) The certificate is genuine;(2) The …

Ohio Rev. Code Ann. § 1308.16 Rights of purchaser - UCC 8-302

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(A) Except as otherwise provided in divisions (B) and (C) of this section, a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer.(B) A purchaser of a limited interest acquires rights only to t…

Ohio Rev. Code Ann. § 1308.17 Protected purchaser - UCC 8-303

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(A) A "protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who:(1) Gives value;(2) Does not have notice of any adverse claim to the security; and(3) Obtains control of the certificated or uncertificated security.(B) In a…

Ohio Rev. Code Ann. § 1308.18 Acquisition of security or financial asset or interest therein - UCC 8-104

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(A) A person acquires a security or an interest therein, under this chapter, if:(1) The person is a purchaser to whom a security is delivered pursuant to section 1308.27 of the Revised Code; or(2) The person acquires a security entitlement to the security pursuant to section 1308…

Ohio Rev. Code Ann. § 1308.19 Notice of adverse claim - UCC 8-105

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(A) A person has notice of an adverse claim if:(1) The person knows of the adverse claim;(2) The person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the exis…

Ohio Rev. Code Ann. § 1308.20 Warranties in direct holding - UCC 8-108

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(A) A person who transfers a certificated security to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by indorsement, warrants to any subsequent purchaser, that:(1) The certificate is genuine and has not been materially altered;(2) The transfe…

Ohio Rev. Code Ann. § 1308.21 Warranties in indirect holding - UCC 8-109

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(A) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:(1) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of th…

Ohio Rev. Code Ann. § 1308.22 Indorsement - UCC 8-304

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(A) An indorsement may be in blank or special. An indorsement in blank includes an indorsement to bearer. A special indorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank indorsement to a special indorsement.(B)…

Ohio Rev. Code Ann. § 1308.23 Whether indorsement, instruction, or entitlement order is effective - UCC 8-107

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(A) "Appropriate person" means:(1) With respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;(2) With respect to an instruction, the registered owner of an uncertificated security;(3) With …

Ohio Rev. Code Ann. § 1308.24 Control - UCC 8-106

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(A) A purchaser has "control" of a certificated security in bearer form if the certificated security is delivered to the purchaser.(B) A purchaser has "control" of a certificated security in registered form if the certificated security is delivered to the purchaser, and:(1) The c…

Ohio Rev. Code Ann. § 1308.25 Instruction - UCC 8-305

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(A) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly.(B) Unless otherwise agreed, a person init…

Ohio Rev. Code Ann. § 1308.26 Effect of guaranteeing signature, indorsement, or instruction - UCC 8-306

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(A) A person who guarantees a signature of an indorser of a security certificate warrants that at the time of signing:(1) The signature was genuine;(2) The signer was an appropriate person to indorse, or if the signature is by an agent, the agent had actual authority to act on be…

Ohio Rev. Code Ann. § 1308.27 Delivery - UCC 8-301

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(A) Delivery of a certificated security to a purchaser occurs when:(1) The purchaser acquires possession of the security certificate;(2) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, hav…

Ohio Rev. Code Ann. § 1308.29 Fulfilling duty to transfer

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(A) Unless otherwise agreed, if a sale of a security is made on an exchange or otherwise through brokers:(1) The selling customer fulfills his duty to transfer at the time he:(a) Places a certificated security in the possession of the selling broker or of a person designated by t…

Ohio Rev. Code Ann. § 1308.30 Wrongful transfer of security

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(A) Any person against whom the transfer of a security is wrongful for any reason, including his incapacity, as against anyone except a bona fide purchaser, may:(1) Reclaim possession of the certificated security wrongfully transferred;(2) Obtain possession of any new certificate…

Ohio Rev. Code Ann. § 1308.31 Purchaser's right to requisites for registration of transfer - UCC 8-307

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Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the security, but if the transfer is not for value, a transferor need not comply unle…

Ohio Rev. Code Ann. § 1308.32 Creditor's legal process - UCC 8-112

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(A) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in division (D) of this section. However, a certificated security for…

Ohio Rev. Code Ann. § 1308.33 Securities intermediary and others not liable to adverse claimant - UCC 8-115 - securities intermediary as purchaser for value - UCC 8-116

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(A) A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse c…

Ohio Rev. Code Ann. § 1308.37 Duty of issuer to register transfer - UCC 8-401

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(A) If a certificated security in registered form is presented to the issuer with a request to register transfer or an instruction is presented to the issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if:…

Ohio Rev. Code Ann. § 1308.38 Assurance that indorsement or instruction is effective - UCC 8-402

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(A) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized:(1) In all cases, a guaranty of the signature of the person making an indorsement or originating an instruction including, in the case of an instruction…

Ohio Rev. Code Ann. § 1308.39 Demand that issuer not register transfer - UCC 8-403

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(A) A person who is an appropriate person to make an indorsement or originate an instruction may demand that the issuer not register transfer of a security by communicating to the issuer a notification that identifies the registered owner and the issue of which the security is a …

Ohio Rev. Code Ann. § 1308.40 Wrongful registration - UCC 8-404

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(A) Except as otherwise provided in section 1308.41 of the Revised Code. An issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security to a person not entitled to it, and the transfer was registered:(1) Pursuant to an ineffective …

Ohio Rev. Code Ann. § 1308.41 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate - UCC 8-406 - replacement of lost, destroyed, or wrongfully taken security certificate - UCC 8-405

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(A) If a security certificate has been lost, apparently destroyed, or wrongfully taken and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification…

Ohio Rev. Code Ann. § 1308.42 Authenticating trustee, transfer agent, and registrar - UCC 8-407

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A person acting as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities, or in the cancellation of surrendered security certifica…

Ohio Rev. Code Ann. § 1308.51 Securities account - acquisition of security entitlement from securities intermediary - UCC 8-501

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(A) "Securities account" means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comp…

Ohio Rev. Code Ann. § 1308.52 Assertion of adverse claim against entitlement holder - UCC 8-502

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An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under section 1308.51 of the Revised Code for value and …

Ohio Rev. Code Ann. § 1308.53 Property interest of entitlement holder in financial asset held by securities intermediary - UCC 8-503

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(A) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holde…

Ohio Rev. Code Ann. § 1308.54 Duty of securities intermediary to maintain financial asset - UCC 8-504

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(A) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities inte…

Ohio Rev. Code Ann. § 1308.55 Duty of securities intermediary with respect to payments and distributions - UCC 8-505

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(A) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if:(1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and …

Ohio Rev. Code Ann. § 1308.56 Duty of securities intermediary to exercise rights as directed by entitlement holder - UCC 8-506

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A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:(A) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder …

Ohio Rev. Code Ann. § 1308.57 Duty of securities intermediary to comply with entitlement holder - UCC 8-507

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(A) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securit…

Ohio Rev. Code Ann. § 1308.58 Duty of securities intermediary to change entitlement holder's position to other form of security holding - UCC 8-508

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A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the ent…

Ohio Rev. Code Ann. § 1308.59 Specification of duties of securities intermediary by other statute or regulation manner of performance of duties of securities intermediary and exercise of rights of entitlement holder - UCC 8-509

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(A) If the substance of a duty imposed upon a securities intermediary by sections 1308.54 to 1308.58 of the Revised Code is the subject of other statute, regulation, or rule, compliance with that statute, regulation, or rule satisfies the duty.(B) To the extent that specific stan…

Ohio Rev. Code Ann. § 1308.60 Rights of purchaser of security entitlement from entitlement holder - UCC 8-510

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(A) In a case not covered by the priority rules in Chapter 1309. of the Revised Code or the rules stated in division (C) of this section, an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, …

Ohio Rev. Code Ann. § 1308.61 Priority among security interests and entitlement holders - UCC 8-511

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(A) Except as otherwise provided in divisions (B) and (C) of this section, if a securities intermediary does not have sufficient interests in a particular financial asset to satisfy both its obligations to entitlement holders who have security entitlements to that financial asset…

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…