Ohio Revised Code Search
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Section 1305.18 | Security interest of issuer or nominated person - UCC 5-118.
...(A) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation. (B) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under division (A) of this se... |
Section 1306.01 | Definitions.
...t" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (B) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or... |
Section 1306.02 | Scope of chapter - exceptions.
...ectronic signatures relating to a transaction. (B) Sections 1306.01 to 1306.23 of the Revised Code do not apply to a transaction to the extent it is governed by any of the following: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) Chapter 1301., except section 1301.306, and Chapters 1303., 1304., 1305., 1307., 1308., and 1309. of the Revised Code. |
Section 1306.03 | Prospective application of chapter.
...Sections 1306.01 to 1306.23 of the Revised Code apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of sections 1306.01 to 1306.23 of the Revised Code. |
Section 1306.04 | Applicability - agreements.
... of the Revised Code apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (C) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electro... |
Section 1306.05 | Citation, construction and application of chapter.
...; (B) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; (C) To effectuate its general purpose to make uniform the law with respect to the subject of sections 1306.01 to 1306.15 of the Revised Code among states enacting the uniform electronic transactions act. |
Section 1306.06 | Electronic record or signature satisfies legal requirements.
...e it is in electronic form. (B) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (C) If a law requires a record to be in writing, an electronic record satisfies the law. (D) If a law requires a signature, an electronic signature satisfies the law. |
Section 1306.07 | Electronic record capable of retention by recipient at time of receipt.
...e parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient i... |
Section 1306.08 | When electronic record or signature is attributable to person - effect.
... attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature is attributable. (B) The effect of an electronic record or electronic signature attributed to a person under division (A) of this section shall be determined fro... |
Section 1306.09 | Effect of change or error in transmission.
... transmission between parties to a transaction, both of the following apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic ... |
Section 1306.10 | Notary, acknowledgment, verification or oath requirement.
... the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. |
Section 1306.11 | Requirement that record be retained - original records.
...it, or similar purposes, unless a law enacted after the effective date of this section specifically prohibits the use of an electronic record for the specified purpose. (G) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. |
Section 1306.12 | Admissibility in evidence.
...In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. |
Section 1306.13 | Automated transaction - contracts - terms.
...In an automated transaction, all of the following apply: (A) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (B) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, includin... |
Section 1306.14 | Sending and receiving conditions.
...est relationship to the underlying transaction. (b) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (E) An electronic record is received under division (B) of this section even if no individual is aware of its receipt. (F) Receipt of an electronic acknowledgment from an information processing system described in d... |
Section 1306.15 | Control of transferable record.
...(A) As used in this section, "transferable record" means an electronic record that satisfies both of the following: (1) The transferable record would be a note under Chapter 1303. or a document under Chapter 1307. of the Revised Code, if the electronic record were in writing. (2) The issuer of the electronic record expressly has agreed that it is a transferable record. (B) A person has control of a transfera... |
Section 1306.16 | Enforceability against consumer.
...(A) A provision of a nonelectronic contract involving a consumer and to which a state agency or a county office is not a party that authorizes the conducting of a transaction or any part of a transaction by electronic means is unenforceable against the consumer, unless the consumer separately signs the provision. (B) A consumer's agreement to conduct a transaction or a part of a transaction electronically shall not ... |
Section 1306.17 | Commercial reasonableness of security procedure.
...ute or regulation is effective for transactions covered by the statute or regulation. (2) Except as otherwise provided in division (B)(1) of this section, the commercial reasonableness and effectiveness is to be determined in light of the purposes of the security procedure and the commercial circumstances at the time the parties agree to or adopt the procedure. (C) As used in this section, "state agency" means ever... |
Section 1306.18 | Security procedures.
...d at any time with the right or duty to act for the party with respect to such electronic signature or electronic record or security procedure. (2) The person lawfully obtained access to transmitting facilities of the party, if such access facilitated the misuse of the security procedure. (3) The person obtained, from a source controlled by the party, information facilitating misuse of the security procedure. (C) ... |
Section 1306.19 | Exemption for consumer transactions.
...f the Revised Code do not apply to transactions to which a consumer is a party. |
Section 1306.20 | State agency provisions.
...(A) Subject to section 1306.11 of the Revised Code, each state agency shall determine if, and the extent to which, it will send and receive electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (B)(1) Subject to division (B)(2) of this section, a state agency may waive a requ... |
Section 1306.21 | Rules for state agency use of electronic records or electronic signatures.
...agencies with regard to electronic transactions, electronic signatures, and security procedures. (2) If the department of administrative services adopts rules pursuant to division (B)(1) of this section, the department shall consider consistency in applications and interoperability with governmental agencies of this state, agencies of other states, the federal government, and nongovernmental persons to the extent pr... |
Section 1306.22 | Use of electronic records and electronic signatures by general assembly and courts.
...(A) Nothing in sections 1306.01 to 1306.23 of the Revised Code shall be construed to require the general assembly, any legislative agency, the supreme court, the other courts of record in this state, or any judicial agency to use or permit the use of electronic records and electronic signatures. (B) The general assembly and the supreme court may adopt rules pertaining to the use of electronic records and electronic ... |
Section 1306.23 | Exemptions to public records laws.
... electronic records, or electronic transactions are not public records for purposes of section 149.43 of the Revised Code. |
Section 1307.101 | Short title - UCC 7-101.
...Short title [UCC 7-101] (A) This chapter may be cited as "Uniform Commercial Code, documents of title." (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 preceding Revised Code section. |