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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 1308.30 | Wrongful transfer of security.

...ne except a bona fide purchaser, may: (1) Reclaim possession of the certificated security wrongfully transferred; (2) Obtain possession of any new certificated security representing all or part of the same rights; (3) Compel the origination of an instruction to transfer to him or a person designated by him an uncertificated security constituting all or part of the same rights; or (4) Have damages. (B) If the tra...

Section 1308.33 | Securities intermediary and others not liable to adverse claimant - UCC 8-115 - securities intermediary as purchaser for value - UCC 8-116.

..., or broker or other agent or bailee: (1) Took the action after it had been served with an injunction, restraining order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or (2) Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or ...

Section 1308.37 | Duty of issuer to register transfer - UCC 8-401.

...egister the transfer as requested if: (1) Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name; (2) The indorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person; (3) Reasonable assurance is given that the indorsement or instruction is genuine and auth...

Section 1308.40 | Wrongful registration - UCC 8-404.

...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 indorsement or instruction; (2) After a demand that the issuer not register transfer became effective under division (A) of section 1308.39 o...

Section 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.

... registering the transfer under section 1308.40 of the Revised Code or any claim to a new security under this section. (B) If the owner of a certificated security, whether in registered or bearer form, claims that the security has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner: (1) So requests before the issuer has notice that the security has been acquired by a pro...

Section 1308.51 | Securities account - acquisition of security entitlement from securities intermediary - UCC 8-501.

...tlement if a securities intermediary: (1) Indicates by book entry that a financial asset has been credited to the person's securities account; (2) Receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person's securities account; or (3) Becomes obligated under other law, regulation, or rule to credit a financial asset to the person...

Section 1308.53 | Property interest of entitlement holder in financial asset held by securities intermediary - UCC 8-503.

...except as otherwise provided in section 1308.61 of the Revised Code. (B) An entitlement holder's property interest with respect to a particular financial asset under division (A) of this section is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities int...

Section 1308.54 | Duty of securities intermediary to maintain financial asset - UCC 8-504.

...y in division (A) of this section if: (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset. (D) This section does not apply to a clearing corporation that is...

Section 1308.55 | Duty of securities intermediary with respect to payments and distributions - UCC 8-505.

...s intermediary satisfies the duty if: (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. (B) A securities intermediary is obligated to its entitleme...

Section 1308.57 | Duty of securities intermediary to comply with entitlement holder - UCC 8-507.

...s intermediary satisfies the duty if: (1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) In the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. (B) If a securities intermediary transfers a financial asset pursuant t...

Section 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.

...n 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 standards for the performance of the duties of a securities intermediary or the exercise of the rights of an entitlement holder are not specified by other statute, regulation, or rule ...

Section 1309.104 | Control of deposit account - UCC 9-104.

... 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 secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) The secured party becomes the bank's cus...

Section 1309.105 | Control of electronic chattel paper - UCC 9-105.

..., and assigned in such a manner that: (1) A single authoritative copy of the record or records exists that is unique, identifiable, and, except as otherwise provided in divisions (B)(4), (5), and (6) of this section, unalterable; (2) The authoritative copy identifies the secured party as the assignee of the record or records; (3) The authoritative copy is communicated to and maintained by the secured party or...

Section 1309.106 | Control of investment property - UCC 9-106.

...rity entitlement as provided in section 1308.24 of the Revised Code. (B) A secured party has control over a commodity contract if: (1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract a...

Section 1309.201 | General effectiveness of security agreement - UCC 9-201.

...xcept as otherwise provided in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (B) A transaction, although subject to this chapter, is also subject to any applicable law that establishes a different rule for consumers and to Chapter...

Section 1309.204 | After-acquired property - future advances - UCC 9-204.

...an after-acquired property clause to: (1) Consumer goods other than accessions when given as additional security unless the debtor acquires rights in them within ten days after the secured party gives value; or (2) A commercial tort claim. (C) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future adv...

Section 1309.205 | Use or disposition of collateral permissible - UCC 9-205.

...nt against creditors solely because: (1) The debtor has the right or ability to: (a) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (b) Collect, compromise, enforce, or otherwise deal with collateral; (c) Accept the return of collateral or make repossessions; or (d) Use, commingle, or dispose of proceeds; or (2) The secured party fails to require the debt...

Section 1309.208 | Additional duties of secured party having control of collateral - UCC 9-208.

... authenticated demand by the debtor: (1) A secured party having control of a deposit account under division (A)(2) of section 1309.104 of the Revised Code shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party. (2) A secured party having control of a deposit ac...

Section 1309.209 | Duties of secured party if account debtor has been notified of assignment - UCC 9-209.

...his section, this section applies if: (1) There is no outstanding secured obligation; and (2) The secured party is not committed to make advances, incur obligations, or otherwise give value. (B) Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under division (A) of ...

Section 1309.301 | Law governing perfection and priority of security interests - UCC 9-301.

...cept as otherwise provided in sections 1309.303 to 1309.306 of the Revised Code, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral: (A) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfectio...

Section 1309.311 | Perfection of security interests in property subject to certain statutes, regulations, and treaties - UCC 9-311.

...ty interest in property subject to: (1) A statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt division (A) of section 1309.310 of the Revised Code; (2) Chapters 1547., 1548., 4505., 4519., and 5309. of the Revised Code; (3) A statute of another jurisdiction that provides for...

Section 1309.314 | Perfection by control - UCC 9-314.

...ontrol of the collateral under section 1307.106, 1309.104, 1309.105, 1309.106, or 1309.107 of the Revised Code. (B) A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by control under section 1307.106, 1309.104, 1309.105, or 1309.107 of the Revised Code when the secured party obtains control and remains perfected by control only whi...

Section 1309.317 | Interests that take priority over or take free of unperfected security interest or agricultural lien - UCC 9-317.

...en is subordinate to the rights of: (1) A person entitled to priority under section 1309.322 of the Revised Code; and (2) Except as otherwise provided in division (E) of this section, a person who becomes a lien creditor before the earlier of the time: (a) The security interest or agricultural lien is perfected; or (b) One of the conditions specified in division (B)(3) of section 1309.203 of the Revised Co...

Section 1309.320 | Buyer of goods - UCC 9-320.

...even if perfected, if the buyer buys: (1) Without knowledge of the security interest; (2) For value; (3) Primarily for the buyer's personal, family, or household purposes; and (4) Before the filing of a financing statement covering the goods. (C) To the extent that it affects the priority of a security interest over a buyer of goods under division (B) of this section, the period of effectiveness of a filing made...

Section 1309.326 | Priority of security interests created by new debtor - UCC 9-326.

...ut for the application of division (I)(1) of section 1309.316 of the Revised Code or section 1309.508 of the Revised Code is subordinate to a security interest in the same collateral that is perfected other than by such a filed financing statement. (B) Sections 1309.301 to 1309.342 of the Revised Code determine the priority among conflicting security interests in the same collateral perfected by filed financi...