Ohio Revised Code Search
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Section 2137.10 | Disclosure of Digital assets held in trust when Trustee is original user.
...Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. |
Section 2137.11 | Disclosure of contents of electronic Communications held in trust when trustee not original user.
...t exists and the trustee is a currently acting trustee of the trust or a certification of the trust under section 5810.13 of the Revised Code that includes a statement that the trust authorizes disclosure of the content of electronic communications to the trustee; (C) If requested by the custodian, either of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned ... |
Section 2137.12 | Disclosure of other digital assets held in trust When trustee not original user.
...t exists and the trustee is a currently acting trustee of the trust or a certification of the trust under section 5810.13 of the Revised Code; (C) If requested by the custodian, either of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; (2) Evidence linking the account to the trust. |
Section 2137.13 | Disclosure of digital assets to guardian of ward.
...(A) After an opportunity for a hearing, the court may grant a guardian access to the digital assets of a ward. (B) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest, if the gu... |
Section 2137.14 | Fiduciary duty and authority.
...of-service agreement. (D) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including section 2913.04 of the Revised Code. (E) Both of the following apply to a fiduciary with authority over the tangible, personal property of a decedent, ... |
Section 2137.15 | Custodian compliance and immunity.
...agents are immune from liability for an act or omission done in good faith in compliance with this chapter. |
Section 2137.16 | Uniformity of application and construction.
... its subject matter among states that enact it. |
Section 2137.17 | Relation to Electronic Signatures in Global and National commerce Act.
...natures in Global and National Commerce Act," 1 5 U.S.C. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). |
Section 2137.18 | Severability.
...If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. |
Section 2305.01 | Jurisdiction in civil cases - trial transfer.
...ond the north or northwest shore of the Ohio river extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those courts of common pleas has concurrent jurisdiction on the Ohio river with any adjacent court of common pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio river and that has ... |
Section 2305.011 | Standing of nature or ecosystem.
...h their physical environments, all interacting and linked together as a system through nutrient cycles and energy flows in a particular unit of space. (B) Nature or any ecosystem does not have standing to participate in or bring an action in any court of common pleas. (C)(1) No person, on behalf of or representing nature or an ecosystem, shall bring an action in any court of common pleas. (2) No person shall br... |
Section 2305.02 | Wrongful imprisonment claim.
...he county where the underlying criminal action was initiated has exclusive, original jurisdiction to hear and determine an action or proceeding that is commenced by an individual who satisfies divisions (A)(1) to (5) of section 2743.48 of the Revised Code and that seeks a determination by the court that an error in procedure of the type described in division (A)(5) of that section occurred, that the offense of which... |
Section 2305.03 | Lapse of time a bar.
...ation is prescribed by statute, a civil action may be commenced only within the period prescribed in sections 2305.04 to 2305.22 of the Revised Code. If interposed by proper plea by a party to an action mentioned in any of those sections, lapse of time shall be a bar to the action. (B) No tort action, as defined in section 2305.236 of the Revised Code, that is based upon a cause of action that accrued in any other ... |
Section 2305.04 | Recovery of real estate.
...An action to recover the title to or possession of real property shall be brought within twenty-one years after the cause of action accrued, but if a person entitled to bring the action is, at the time the cause of action accrues, within the age of minority or of unsound mind, the person, after the expiration of twenty-one years from the time the cause of action accrues, may bring the action within ten years after th... |
Section 2305.041 | Action for breach of oil or gas lease or license.
...section 5301.09 of the Revised Code, an action alleging breach of any express or implied provision of the lease or license concerning the calculation or payment of royalties shall be brought within the time period that is specified in section 1302.98 of the Revised Code. An action alleging a breach with respect to any other issue that the lease or license involves shall be brought within the time period specified in ... |
Section 2305.05 | Real estate dedicated to public uses.
...ey, inlot, or outlot is a part of the tract of land so laid out by the original proprietors, the public easement therein shall be extinguished and the right of such municipal corporation, the citizens thereof, or other persons, and the legislative authority of such municipal corporation and the legal authorities thereof, to use, control, or occupy so much of such street or alley as has been fenced, used, possessed, a... |
Section 2305.06 | Contract in writing.
...10, and 2305.04 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within six years after the cause of action accrued. |
Section 2305.07 | Contract not in writing; statutory liability; consumer transactions.
...301 and 1302.98 of the Revised Code, an action upon a contract not in writing, express or implied, shall be brought within four years after the cause of action accrued. (B) An action upon a liability created by statute other than a forfeiture or penalty shall be brought within six years after the cause of action accrued. (C) Except as provided in sections 1303.16, 1345.10, and 2305.04 of the Revised Code, and not... |
Section 2305.08 | Partial payment.
... made upon any demand founded on a contract, or a written acknowledgment thereof, or a promise to pay it has been made and signed by the party to be charged, an action may be brought thereon within the time limited by sections 2305.06 and 2305.07 of the Revised Code, after such payment, acknowledgment, or promise. |
Section 2305.09 | Four years - certain torts.
...or in division (C) of this section, an action for any of the following causes shall be brought within four years after the cause thereof accrued: (A) For trespassing upon real property; (B) For the recovery of personal property, or for taking or detaining it; (C) For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action ... |
Section 2305.091 | Asbestos actions by school districts.
...es environmental protection agency, the Ohio environmental protection agency, or the industrial commission who has conducted an inspection for asbestos or who has received test data concerning asbestos located in a building or other structure that is owned by the board of education, that asbestos or materials that contain asbestos in any building or other structure that is owned by the board of education should be re... |
Section 2305.10 | Bodily injury or injury to personal property.
...division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs. (B)(1) For purposes of div... |
Section 2305.101 | Limitation of actions against Dalkon Shield claimants trust.
...rginia, Richmond division, may bring an action in this state against the Dalkon Shield Claimants Trust for bodily injury or wrongful death caused by the effects of the Dalkon Shield intrauterine device, within one year from the date of the certification by the United States district court or the United States bankruptcy court for the eastern district of Virginia, Richmond division, of the right of that claimant to pr... |
Section 2305.11 | Time limitations for bringing certain actions.
...(A) An action for libel, slander, malicious prosecution, or false imprisonment, an action for malpractice other than an action upon a medical, dental, optometric, or chiropractic claim, an action for legal malpractice against an attorney or a law firm or legal professional association, or an action upon a statute for a penalty or forfeiture shall be commenced within one year after the cause of action accrued, provide... |
Section 2305.111 | Assault or battery actions - childhood sexual abuse.
... any of the following apply: (i) The actor is the victim's natural parent, adoptive parent, or stepparent or the guardian, custodian, or person in loco parentis of the victim. (ii) The victim is in custody of law or a patient in a hospital or other institution, and the actor has supervisory or disciplinary authority over the victim. (iii) The actor is a teacher, administrator, coach, or other person in autho... |
Section 1706.161 | Amendments to articles of organization.
...(A) The articles of organization may be amended at any time. (B) The articles of organization may be restated with or without amendment at any time. (C) To amend its articles of organization, a limited liability company shall deliver to the secretary of state for filing, on a form prescribed by the secretary of state, a certificate of amendment containing both of the following information: (1) The name and regi... |
Section 1706.17 | Filed records of a limited liability company to be signed.
...ding up the limited liability company's activities under division (A) of section 1706.472 of the Revised Code or a person appointed under division (B) of section 1706.472 of the Revised Code to wind up those activities. (4) A statement of denial by a person under section 1706.20 of the Revised Code shall be signed by that person. (5) Any other record shall be signed by the person on whose behalf the record is del... |
Section 1706.171 | Incomplete or undelivered records.
...imited liability company a party to the action. A person aggrieved under division (A) of this section may seek the remedies provided in that division in a separate action against the person required to sign the record or as a part of any other action concerning the limited liability company in which the person required to sign the record is made a party. (C) A record filed unsigned pursuant to this section is effec... |
Section 1706.172 | Records requirements.
...etary of state shall, at the earliest practicable time, allow for the delivery of a record for filing to be accomplished electronically, without the necessity for the delivery of a physical original record or the image thereof, if all required information is delivered and is readily retrievable from the data delivered. If the delivery of a record for filing is required to be accomplished electronically, that record s... |
Section 1706.173 | Certificates of correction.
...ificate of correction is effective retroactively as of the effective date of the record the statement corrects, but the statement is effective when filed as to persons that previously relied on the uncorrected record and would be adversely affected by the correction. |
Section 1706.174 | Incorrect or inaccurate records - penalty.
...n 2921.13 of the Revised Code that the facts stated in the record are true in all material respects. (B) If a record delivered to the secretary of state for filing under this chapter and filed by the secretary of state contains incorrect or inaccurate information, a person that suffers a loss by reasonable reliance on the information may recover damages for the loss from a person that signed the record, or caused a... |
Section 1706.175 | Certificate of full force and effect; foreign limited liability company certificate of registration.
...liability company is authorized to transact business in this state. (C) Subject to any qualification stated in the certificate, a certificate of existence or certificate of registration issued by the secretary of state is, for a period of thirty days after the date of such certificate, conclusive evidence that the limited liability company is in existence or the foreign limited liability company is authorized to tr... |
Section 1706.18 | Binding of limited liability company.
... the extent the person is authorized to act as the agent of the limited liability company or a series thereof under or pursuant to the operating agreement; (B) To the extent the person is authorized to act as the agent of the limited liability company or a series thereof pursuant to division (A) of section 1706.30 of the Revised Code; (C) To the extent provided in section 1706.19 of the Revised Code; (D) To the... |
Section 1706.19 | Statement of authority, amendments and cancellation, certificate of dissolution.
...olding the position, to enter into transactions on behalf of the limited liability company or series thereof. (B) To amend or cancel a statement of authority filed by the secretary of state, a limited liability company shall, on behalf of itself or a series thereof, deliver to the secretary of state for filing an amendment or cancellation on a form prescribed by the secretary of state stating all of the following: ... |
Section 1706.20 | Statement of denial.
...A person named in a filed statement of authority may deliver to the secretary of state for filing on a form prescribed by the secretary of state a statement of denial that does both of the following: (A) States the name and registration number of the limited liability company and the date of filing of the statement of authority to which the statement of denial pertains; (B) Denies the person's authority. |
Section 1706.26 | Liabilities of limited liability company members.
...series thereof, whether arising in contract, tort, or otherwise; or for the acts or omissions of any other member, agent, or employee of the limited liability company or a series thereof. The failure of a limited liability company or any of its members to observe any formalities relating to the exercise of the limited liability company's powers or the management of its activities is not a factor to consider in, or a ... |
Section 1706.27 | Admission as a member of a limited liability company.
...greement; (2) As the result of a transaction effective under sections 1706.71 to 1706.74 of the Revised Code; (3) With the consent of all the members or in the case of a limited liability company having only one member, the consent of the member; (4) If, within ninety consecutive days after the occurrence of the dissociation of the last remaining member, both of the following occur: (a) All holders of the mem... |
Section 1706.28 | Contributions of members of a limited liability company.
...A contribution of a member to a limited liability company, or a series thereof, may consist of cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services. |
Section 1706.281 | Obligation to make a contribution.
...(A) A promise by a member to make a contribution to a limited liability company, or a series thereof, is not enforceable unless set forth in a writing signed by the member. (B) A member's obligation to make a contribution to a limited liability company, or a series thereof, is not excused by the member's death, disability, or other inability to perform personally. If a member does not make a contribution required b... |
Section 1706.29 | Distributions of limited liability company.
...is a decision in the ordinary course of activities of the limited liability company. A member's dissociation does not entitle the dissociated member to a distribution. (3) A member does not have a right to demand and receive a distribution from a limited liability company in any form other than money. Except as otherwise provided in division (C) of section 1706.475 of the Revised Code, a limited liability company m... |
Section 1706.30 | Direction and oversight of a limited liability company.
...(A)(1) The activities and affairs of the limited liability company shall be under the direction, and subject to the oversight, of its members. (2) The activities and affairs of a series shall be under the direction, and subject to the oversight, of the members associated with the series. (3) Division (A)(1) of this section shall not apply to the activities and affairs of a series. (B)(1) Except as provided in d... |
Section 1706.31 | Duties of a member to a limited liability company and other members.
...ore managers to supervise or manage the activities or affairs of the limited liability company, the only obligation a member owes, in the member's capacity as a member, to the limited liability company and the other members is to discharge the member's duties and obligations under this chapter and the operating agreement in accordance with division (E) of this section. Divisions (C) and (D) of this section shall not ... |
Section 1706.311 | Duties of a manager to a limited liability company and its members.
...ing up of the limited liability company activities is limited to acting in good faith, in a manner the manager reasonably believes to be in or not opposed to the best interests of the limited liability company. (D) For purposes of division (C) of this section, both of the following apply: (1) A manager of a limited liability company shall not be determined to have violated the manager's duties under division (C) ... |
Section 1706.32 | Indemnification, advancement, reimbursement, and insurance.
...A limited liability company, or a series thereof, may indemnify and hold harmless a member or other person, pay in advance or reimburse expenses incurred by a member or other person, and purchase and maintain insurance on behalf of a member or other person. |
Section 1706.33 | Right of members and dissociated members to records.
...atter within the ordinary course of its activities, may do either of the following: (1) Impose reasonable restrictions and conditions on access to and use of information to be furnished under this section, including designating information confidential and imposing nondisclosure and safeguarding obligations on the recipient; (2) Keep confidential from the members and any other persons, for such period of time as ... |
Section 1706.331 | Reliance on reports and information.
...nd amount of assets or reserves or contracts, agreements, or other undertakings that would be sufficient to pay claims and obligations of the limited liability company, or series thereof, or to make reasonable provision to pay those claims and obligations; (C) Any other facts pertinent to the existence and amount of assets from which distributions to members or creditors might properly be paid. |
Section 1706.332 | Power of personal representative of deceased member.
...If a member dies, the deceased member's personal representative or other legal representative may, for purposes of settling the estate, exercise the rights of a current member under section 1706.33 of the Revised Code. |
Section 1706.34 | Member's membership interest is personal property and assignable.
...The only interest of a member that is assignable is the member's membership interest. A membership interest is personal property. |
Section 1706.341 | Assignment of limited liability company interest.
... a series thereof; (b) Have access to records or other information concerning the activities of the limited liability company, or a series thereof. (B) An assignee has the right to receive, in accordance with the assignment, distributions to which the assignor would otherwise be entitled. (C) A membership interest may be evidenced by a certificate of membership interest issued by the limited liability company, ... |
Section 1706.342 | Charging order relating to judgments.
...ted liability company. Court orders for actions or requests for accounts and inquiries that the judgment debtor might have made to the limited liability company are not available to a judgment creditor attempting to satisfy the judgment out of the judgment debtor's membership interest and may not be ordered by a court. |