Ohio Revised Code Search
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Section 1309.334 | Priority of security interests in fixtures and crops - UCC 9-334.
...(A) A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this chapter in ordinary building materials incorporated into an improvement on land. (B) This chapter does not prevent creation of an encumbrance upon fixtures pursuant to real property law. (C) In cases not governed by divisions (D) to (... |
Section 1309.335 | Accessions - UCC 9-335.
...(A) A security interest may be created in an accession and continues in collateral that becomes an accession. (B) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (C) Except as otherwise provided in division (D) of this section, the other provisions of sections 1309.301 to 1309.342 of the Revised Code determine the priority of a... |
Section 1309.336 | Commingled goods - UCC 9-336.
...(A) As used in this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (B) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods. (C) If collateral becomes commingled goods, a security interest atta... |
Section 1309.337 | Priority of security interests in goods covered by certificate of title - UCC 9-337.
...If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate: (A) A buyer of the goods, other than a person in the business of selling goods of that kind, takes fre... |
Section 1309.338 | Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information - UCC 9-338.
...If a security interest or agricultural lien is perfected by a filed financing statement providing information described in division (B)(5) of section 1309.516 of the Revised Code that is incorrect at the time the financing statement is filed: (A) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflic... |
Section 1309.339 | Priority subject to subordination - UCC 9-339.
...Nothing in this chapter precludes subordination by agreement by any person entitled to priority. |
Section 1309.340 | Effectiveness of right of recoupment or set-off against deposit account - UCC 9-340.
...(A) Except as otherwise provided in division (C) of this section, a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (B) Except as otherwise provided in division (C) of this section, the application of this chapter to a security interest in a deposit account does not affect a right of recoupm... |
Section 1309.341 | Bank's rights and duties with respect to deposit account - UCC 9-341.
...Except as otherwise provided in division (C) of section 1309.340 of the Revised Code, and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by: (A) The creation, attachment, or perfection of a security interest in the deposit account; (B) The bank's knowledge of the security in... |
Section 1309.342 | Bank's right to refuse to enter into or disclose existence of control agreement - UCC 9-342.
...This chapter does not require a bank to enter into an agreement of the kind described in division (A)(2) of section 1309.104 of the Revised Code, even if its customer so requests or directs. A bank that has entered into an agreement of the kind described in division (A)(2) of that section is not required to confirm the existence of the agreement to another person unless requested to do so by its customer. |
Section 1309.401 | Alienability of debtor's rights - UCC 9-401.
...(A) Except as provided in division (B) of this section and sections 1309.406, 1309.407, 1309.408, and 1309.409 of the Revised Code, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter. (B) An agreement between the debtor and secured party that prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does ... |
Section 1309.402 | Secured party not obligated on contract of debtor or in tort - UCC 9-402.
...The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions. |
Section 1309.403 | Agreement not to assert defenses against assignee - UCC 9-403.
...(A) As used in this section, "value" has the same meaning as in division (A) of section 1303.33 of the Revised Code. (B) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) For value; (2) In good fai... |
Section 1309.404 | Rights acquired by assignee - claims and defenses against assignee - UCC 9-404.
...(A) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to divisions (B) to (E) of this section, the rights of an assignee are subject to: (1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debto... |
Section 1309.405 | Modification of assigned contract - UCC 9-405.
...(A) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This division is subject to divisions (B) to (D) of this section. (B) Division (A) of this section applies ... |
Section 1309.406 | Discharge of account debtor - UCC 9-406.
...(A) Subject to divisions (B) to (I) of this section, an account debtor on an account, chattel paper, or payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the no... |
Section 1309.407 | Restriction on creation or enforcement of security interest in leasehold interest or in lessor's residual interest - UCC 9-407.
...(A) Except as otherwise provided in division (B) of this section, a term in a lease agreement is not effective to the extent that it: (1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the go... |
Section 1309.408 | Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective - UCC 9-408.
...angible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is not effective to the extent that the te... |
Section 1309.409 | Restrictions on assignment of letter-of-credit rights ineffective - UCC 9-409.
...(A) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit that prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is not effective to the extent that the term or rule or law, statute, regulation, custom, or practice... |
Section 1309.501 | Filing office - UCC 9-501.
...(A) Except as provided in division (B) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) The office designated for the filing or recording of a record of a mortgage on the related real property, if: (a) The collateral is as-extracted collateral... |
Section 1309.502 | Contents of financing statement - record of mortgage as financing statement - time of filing financing statement - UCC 9-502.
...(A) Subject to division (B) of this section, a financing statement is sufficient only if it: (1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; and (3) Indicates the collateral covered by the financing statement. (B) Except as otherwise provided in division (B) of section 1309.501 of the Revised Code, to be sufficient, a financing statem... |
Section 1309.503 | Name of debtor and secured party - UCC 9-503.
...o whom this state has issued a driver's license or identification card that has not expired, only if the financing statement provides the name of the individual that is indicated on the driver's license or identification card; (5) If the debtor is an individual to whom division (A)(4) of this section does not apply, only if the financing statement provides the individual name of the debtor or the surname and f... |
Section 1309.504 | Indication of collateral - UCC 9-504.
...A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (A) A description of the collateral pursuant to section 1309.108 of the Revised Code; or (B) An indication that the financing statement covers all assets or all personal property. |
Section 1309.505 | Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions - UCC 9-505.
...ssee," "bailor," "bailee," "licensor," "licensee," "owner," "registered owner," "buyer," "seller," or words of similar import, instead of the terms "secured party" and "debtor." (B) Sections 1309.501 to 1309.527 of the Revised Code apply to the filing of a financing statement under division (A) of this section and, as appropriate, to compliance that is equivalent to filing a financing statement under division (B... |
Section 1309.506 | Effect of errors or omissions - UCC 9-506.
...(A) A financing statement that substantially satisfies the requirements of sections 1309.501 to 1309.527 of the Revised Code is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (B) Except as otherwise provided in division (C) of this section, a financing statement that fails sufficiently to provide the name of the debtor in accord... |
Section 1309.507 | Effect of certain events on effectiveness of financing statement - UCC 9-507.
...teral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (B) Except as otherwise provided in division (C) of this section and section 1309.508 of the Revised Code, a financing statement is not rendered ineffective if, after the financing statement is filed, the i... |