Ohio Revised Code Search
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Section 1745.10 | Liabilities.
...it association, whether arising in contract, tort, or otherwise, is solely the debt, obligation, or other liability of the association and does not become the debt, obligation, or other liability of a member or manager solely because the member acts as a member or the manager acts as a manager. A person's status as a member or a manager of an unincorporated nonprofit association does not prevent or restrict an... |
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Section 1745.11 | Assertion and defense of claims.
...An unincorporated nonprofit association has the capacity to sue and be sued in its own name. A member or a manager of an unincorporated nonprofit association may assert a claim that the member or manager has against the association. An unincorporated nonprofit association may assert a claim that it has against a member or a manager of the association. |
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Section 1745.12 | Assets subject to judgment, execution and other process.
...All assets, property, funds, and rights or interests, at law or in equity, of any unincorporated nonprofit association shall be subject to judgment, execution, and other process. A money judgment against an unincorporated nonprofit association shall be enforced only against the association as an entity and shall not be enforceable against the property of any manager or member of the association. |
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Section 1745.13 | Appointment of agent to receive service of process.
...r an entity of the agent's type to transact business or exercise privileges in this state. The statement appointing an agent shall set forth the name of the unincorporated nonprofit association and the name and address in this state of the agent, including the street and number or other particular description, and shall otherwise be in the form that the secretary of state prescribes. The secretary of state sha... |
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Section 1745.14 | Service of process.
...In an action or proceeding against an unincorporated nonprofit association, a summons and complaint or other process may be served on an agent authorized by appointment to receive service of process or a manager of the association or in any other manner authorized by the law of this state. |
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Section 1745.15 | Action or proceeding not abated by change.
...An action or proceeding against an unincorporated nonprofit association does not abate merely because of a change in its members or managers. |
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Section 1745.16 | Venue.
...rwise provided by law, the venue of an action against an unincorporated nonprofit association brought in this state shall be determined under the statutes applicable to an action brought in this state against a nonprofit corporation. |
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Section 1745.17 | Member not an agent.
...A member of an unincorporated nonprofit association is not an agent of the association solely by reason of being a member. |
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Section 1745.18 | Approval by members.
...ll, outside the ordinary course of its activities; (E) Dissolve under section 1745.50 of the Revised Code or merge or consolidate under section 1745.46 or 1745.461 of the Revised Code; (F) Undertake any other act outside the ordinary course of the association's activities if the association has annual gross receipts of less than twenty-five thousand dollars; (G) Determine the purposes of the association and, ... |
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Section 1745.19 | Notice requirements.
...shall be excluded, and the day when the act for which the notice is given is to be done shall be included, unless the instrument calling for the notice provides otherwise. If notice is given by personal delivery or transmitted by telegram or by the use of authorized communications equipment, the notice shall be considered to have been given when it is delivered or transmitted. If notice is sent by United States... |
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Section 1745.20 | Membership.
...ion or termination of membership, that fact and the date of the suspension or termination shall be recorded in the association's membership records. (C) Unless the governing principles provide otherwise, all rights and privileges of a member in an unincorporated nonprofit association and its property shall cease on termination of membership. (D) Whenever the number of members of an unincorporated nonprofit as... |
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Section 1745.21 | Meetings of voting members; calling and place of meeting.
...sident; (2) The manager or managers by action at a meeting, or a majority of the managers acting without a meeting; (3) The lesser of ten per cent of the voting members or twenty-five of the voting members, unless the governing principles specify for that purpose a smaller or larger proportion or number, but not in excess of fifty per cent of the voting members; (4) Any other officers or persons that the gover... |
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Section 1745.22 | Notice of meeting.
...Unless the governing principles provide for notice of meetings otherwise than as provided in this section, written notice stating the place, if any, and the time of a meeting, the means, if any, by which the voting members can be present and vote at the meeting through the use of authorized communications equipment, and in case of a special meeting the purpose or purposes for which the meeting is called, shall ... |
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Section 1745.23 | Waiver of notice.
...(A) Notice of the place, if any, the time, and the purpose or purposes of any meeting of voting members or managers, as the case may be, whether required by law or the governing principles may be waived in writing, either before or after the holding of that meeting, by any member or any manager. That writing shall be filed with or entered upon the records of the meeting. A transmission by authorized communicati... |
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Section 1745.24 | Quorum for voting members' meeting.
...for the authorization or taking of any action voted upon by the members, except that no action required by law or by the governing principles to be authorized or taken by a specified proportion or number of the voting members or of any class of voting members may be authorized or taken by a lesser proportion or number. |
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Section 1745.25 | Voting.
...ote, consent, waiver, release, or other action. (B) Unless the governing principles provide otherwise, voting at elections and votes on other matters may be conducted by mail or by the use of authorized communications equipment. (C) Participation by a member in a meeting through the use of any of the means of communication described in division (B) of this section constitutes presence in person of that member ... |
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Section 1745.26 | Special voting requirements for members or managers.
... to the authorization or taking of any action by the members or the managers the governing principles require the vote, consent, waiver, or release of a greater proportion or number of the members or the managers than that otherwise required by law with respect to that authorization or taking of the action, the provisions of the governing principles shall control. |
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Section 1745.27 | Vote of members required for rescission or revocation.
...The authorization or taking of any action by vote, consent, waiver, or release of the members may be rescinded or revoked by the same vote, consent, waiver, or release as at the time of rescission or revocation would be required to authorize or take that action in the first instance, subject to the contract rights of other persons. |
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Section 1745.28 | Action without a meeting.
...bit the authorization or taking of any action of the members or the managers without a meeting, any action that may be authorized or taken at a meeting of the members or the managers, as the case may be, may be authorized or taken without a meeting with the affirmative vote or approval of, and in a writing or writings signed by, all of the members or all of the managers, as the case may be, who would be entitl... |
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Section 1745.29 | Admission, suspension, dismissal, or expulsion of members.
...(A) A person becomes a member of an unincorporated nonprofit association and may be suspended, dismissed, or expelled in accordance with the association's governing principles. If there are no applicable governing principles, a person may become a member or be suspended, dismissed, or expelled from an unincorporated nonprofit association by a vote of its members. A person may not be admitted as a member of an ... |
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Section 1745.30 | Member's resignation.
...(A) A member may resign from membership in an unincorporated nonprofit association in accordance with the governing principles. In the absence of applicable governing principles, a member may resign at any time. (B) Unless the governing principles provide otherwise, resignation of a member of an unincorporated nonprofit association does not relieve the member from any unpaid capital contribution, dues, asses... |
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Section 1745.31 | Membership interest not transferable.
...Except as otherwise provided in the governing principles, any interest or right of the member under the governing principles is not transferable. |
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Section 1745.32 | Selection of managers; management rights of managers.
...ement and conduct of the association's activities. (E) All matters relating to the association's activities are decided by its managers, except for those matters reserved for approval by members as specified in section 1745.18 of the Revised Code. (F) A difference among managers is decided by a majority of the managers. |
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Section 1745.33 | Authority and duties of manager; standard of care.
... the governing principles require that action be otherwise authorized or taken, all of the authority of an unincorporated nonprofit association shall be exercised by or under the direction of its manager or managers. (B) The only fiduciary duties a manager owes to the association are the duties set forth in this division. The duties of a manager are to act in good faith, in a manner the manager reasonably be... |
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Section 1745.34 | Meetings of managers; notice.
...Unless otherwise provided in the governing principles, the following apply: (A) Meetings of the managers may be called by any two managers or by any chairperson, president, or vice-president of the unincorporated nonprofit association. (B) Meetings of the managers may be held at any place within or outside this state, including by means of authorized communications equipment, unless the governing principles p... |
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Section 135.621 | Submission of linked deposit loan package.
...(A) An eligible lending institution that desires to receive a linked deposit shall accept and review applications for loans from eligible borrowers for linked deposit programs in which the eligible lending institution participates. The eligible lending institution shall apply all usual lending standards to determine the credit worthiness of each eligible borrower. No loan shall exceed the amount determined by the tre... |
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Section 135.622 | Accepting or rejecting a linked deposit loan package.
...(A) The treasurer of state may accept or reject a linked deposit loan package, or any portion of it, based on the treasurer of state's evaluation of the eligible borrowers included in the package, the amount of individual loans in the package, and the amount of state funds to be deposited with an eligible lending institution. (B) Upon acceptance of the linked deposit loan package or any portion of it, the treasure... |
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Section 135.623 | Deposit agreement.
...(A) An eligible lending institution shall enter into a deposit agreement with the treasurer of state, which shall include requirements necessary to carry out the purposes of sections 135.62 to 135.66 of the Revised Code. (B) The deposit agreement shall specify the maturity period of the linked deposit considered appropriate by the treasurer of state, which shall not exceed five years, as well as any other informat... |
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Section 135.624 | Loan rates.
...(A) Upon the treasurer of state placing, purchasing, or designating a linked deposit, the eligible lending institution shall lend the corresponding funds to each approved eligible borrower listed in the accepted linked deposit loan package, and in accordance with the deposit agreement required by section 135.623 of the Revised Code. Unless otherwise specified in the deposit agreement, the interest rates on the loans ... |
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Section 135.625 | State not liable to borrowers or lenders.
...(A) The state and the treasurer of state are not liable to any eligible lending institution or any eligible borrower in any manner for payment of the principal or interest on a loan to an eligible borrower. Any delay in payments, default on the part of an eligible borrower, or misuse or misconduct on the part of an eligible lending institution or eligible borrower does not in any manner affect the deposit agreement r... |
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Section 135.63 | Adoption linked deposit program.
...(A) The general assembly finds that strengthening families across Ohio is critical toward ensuring the long-term prosperity of the state. However, the upfront financial costs associated with adoption often deter families from pursuing the adoption process. Accordingly, it is declared to be the public policy of the state through the adoption linked deposit program to create the availability of reduced rate loans to re... |
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Section 135.64 | Agricultural linked deposit program.
...iculture that has all the following characteristics: (1) Is headquartered or domiciled in this state; (2) Maintains land or facilities for agricultural purposes in this state, provided that the land or facilities within this state comprise not less than fifty-one per cent of the total of all lands or facilities maintained by the person; (3) Is either organized for profit or as an agricultural cooperative as ... |
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Section 135.65 | Small business linked deposit program.
...culture, that has all the following characteristics: (1) Is headquartered or domiciled in this state; (2) Maintains offices or operating facilities in this state, provided that the offices or operating facilities within the state comprise not less than fifty-one per cent of the total of all offices and operating facilities maintained by the business; (3) Employs fewer than one hundred fifty employees, not le... |
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Section 135.66 | Home improvement linked deposit program.
...(A) The general assembly finds that making homeownership and maintenance costs more affordable is an important part of fostering a robust and lasting population across the state. However, homeowners often struggle to find adequate and affordable financing options to pursue home improvement, home restoration, or similar types of projects and upgrades aimed at maintaining or increasing the livability and value of a hom... |
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Section 135.70 | Homeownership savings linked deposit program definitions.
...f receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 2601 et seq., as amended, and the regulations thereunder. (C) "Discount interest rate" means an interest rate below the prevailing interest rate that the treasurer of state determines eligible savings institutions are willing to pay to hold linke... |
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Section 135.701 | Submission of linked deposit savings package.
...(A) An eligible savings institution that desires to receive a linked deposit shall accept and review applications for a linked deposit savings account from eligible participants for linked deposit programs in which the eligible savings institution participates. (B)(1) An eligible participant shall certify on its linked deposit savings account application all of the following: (a) The eligible participant is a r... |
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Section 135.702 | Accepting or rejecting a linked deposit savings package.
...(A) The treasurer of state may accept or reject a linked deposit savings package, or any portion of it, based on the treasurer of state's evaluation of the amount of state funds to be deposited with an eligible savings institution. (B) Upon acceptance of the linked deposit savings package or any portion of it, the treasurer of state may place, purchase, or designate a linked deposit with the eligible savings insti... |
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Section 135.703 | Deposit agreement.
...(A) An eligible savings institution shall enter into a deposit agreement with the treasurer of state, which shall include the requirements necessary to carry out the purposes of sections 135.70 to 135.71 of the Revised Code. (B) The deposit agreement shall specify the maturity period of the linked deposit considered appropriate by the treasurer of state, which shall not exceed the length of the program period, as ... |
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Section 135.704 | Premium savings rate.
...(A)(1) Upon the treasurer of state placing, purchasing, or designating a linked deposit, the eligible savings institution shall offer the premium savings rate on a linked deposit savings account to each approved eligible participant listed in the accepted linked deposit savings package, and in accordance with the deposit agreement required by section 135.703 of the Revised Code. The premium savings rate shall apply t... |
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Section 135.705 | State not liable to participant or savings institution.
...(A) The state and the treasurer of state are not liable to any eligible savings institution or any eligible participant in any manner for the terms associated with a linked deposit savings account. Any misuse or misconduct on the part of an eligible savings institution or eligible participant does not in any manner affect the deposit agreement required by section 135.703 of the Revised Code between the eligible savin... |
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Section 135.71 | Purpose of homeownership savings linked deposit program.
... a member of the uniformed services, on active duty assignment, who is a resident of this state via a residency or domicile election in accordance with 50 U.S.C. 4001, and has applied for a homeownership savings account at an eligible savings institution. A member of the uniformed services, who is an eligible participant, may apply for a homeownership savings account at an eligible savings institution on or after the... |
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Section 135.80 | Municipal, port or lake facilities authority, and county linked deposit program.
... of the Revised Code, or applying for inactive moneys as provided in section 135.32 of the Revised Code, provided the institution agrees to lend the value of such deposit to eligible borrowers at up to three per cent below the present borrowing rate applicable to each borrower. The ordinance or resolution shall include requirements and provisions that are necessary to establish the program, including, but not l... |
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Section 135.801 | Adopting resolution implementing residential facility linked deposit program.
...(A) As used in sections 135.801 to 135.803 of the Revised Code, "eligible lending institution," "eligible organization," "investing authority," "residential facility," and "residential facility linked deposit program" have the same meanings as in section 5126.51 of the Revised Code. (B) The board of county commissioners may adopt a resolution implementing a residential facility linked deposit program under sections ... |
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Section 135.802 | Contents of resolution implementing residential facility linked deposit program.
...vised Code: (A) Specific findings of fact justifying implementation of the residential facility linked deposit program in the county; (B) Guidelines to be followed by the county board of developmental disabilities in establishing standards under section 5126.49 of the Revised Code for approving applications for linked deposit loans; (C) Instructions to the county's investing authority as necessary for the ... |
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Section 135.803 | Certifying availability of public moneys.
...On receiving a resolution from the county board of developmental disabilities approving under section 5126.55 of the Revised Code development of a proposed residential facility, the board of county commissioners shall determine whether public moneys of the county are available for a residential facility linked deposit and shall certify to the county board of developmental disabilities either that public m... |
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Section 135.804 | Property tax payment linked deposit programs definitions.
...in a multiple-unit dwelling and a manufactured home or mobile home taxed as real property pursuant to division (B) of section 4503.06 of the Revised Code, owned and occupied as a home by an individual whose domicile is in this state and who has not acquired ownership from a person, other than the individual's spouse, related by consanguinity or affinity for the purpose of qualifying for a property tax payme... |
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Section 135.805 | Property tax payment linked deposit programs.
...(A) The general assembly finds that many low to moderateincome senior citizens and permanently and totally disabled citizens face financial hardship and find it difficult to timely pay property taxes on their homesteads, which can lead to delinquencies, penalties, declines in tax receipts, foreclosures, a loss of stable and affordable housing, a loss of neighborhoods and communities, and a decline in property values.... |
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Section 135.806 | Duties of lending institution on receipt of RC 135.805 certificate.
...Upon placement of a certificate of deposit with an eligible lending institution pursuant to an agreement described in section 135.805 of the Revised Code, the eligible lending institution shall do both of the following: (A) Lend funds pursuant to the agreement to an eligible borrower; (B) Comply fully with the requirements of sections 135.804 to 135.807 of the Revised Code. |
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Section 135.807 | Delivery of lien certificate to eligible lending institution.
...(A) A property tax payment linked deposit program shall provide for the delivery of a lien certificate to an eligible lending institution making payment to the county treasurer, pursuant to a loan agreement between the eligible lending institution and eligible borrower, of some or all of the taxes then due on the homestead of that eligible borrower. (B)(1) To ensure uniformity among all counties, the tax comm... |
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Section 1351.01 | Lease-purchase agreement definitions.
...As used in this chapter: (A) "Advertisement" means any written, visual, or oral communication made to a lessee or prospective lessee by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone, or other means of communication, that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. (B) "Cash price" means the price... |