Ohio Revised Code Search
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Section 1746.18 | Merger, consolidation, sale or other disposition of assets.
...Any business trust may be a party, with one or more other entities, to an agreement of merger, consolidation, or sale, or other disposition of all or substantially all of its assets, provided that the agreement of merger, consolidation, or sale, or other disposition is approved in the manner set forth in the trust instrument or, if the trust instrument contains no procedure for such approval, by the holders of a majo... |
Section 1746.19 | Foreign business trusts.
...ode is applicable to a foreign business trust that has made the filings described in section 1746.04 of the Revised Code, except to the extent that such provisions may be inconsistent with the applicable laws of the state or jurisdiction under which the foreign business trust was organized. |
Section 1746.20 | False or fraudulent filings prohibited.
...No person knowingly shall prepare, make, assist in preparing or making, or procure or advise the preparing or making of any false or fraudulent filings required or permitted by sections 1746.01 to 1746.20 of the Revised Code. |
Section 1746.99 | Penalty.
...Whoever violates section 1746.20 of the Revised Code shall be fined not more than ten thousand dollars. |
Section 1747.01 | Real estate investment trust definitions.
... requires: (A) "Real estate investment trust" means a trust created by an instrument, pursuant to common law or enabling legislation, under which any estate or interest in real property is held, managed, administered, controlled, invested, reinvested, or operated by a trustee or trustees for the benefit and profit of persons who are or may become the holders of transferable certificates of beneficial interest, issue... |
Section 1747.02 | Compliance with chapter.
...No real estate investment trust shall be authorized to transact real estate business in this state unless it fully complies with section 1747.03 of the Revised Code, except that a real estate investment trust that holds an estate or interest in real property in this state on the effective date of this section may continue to transact real estate business in this state if it fully complies with section 1747.03 of the ... |
Section 1747.03 | Filing with secretary of state before transacting business.
...in this state, a real estate investment trust shall file the following report in the office of the secretary of state, on forms prescribed by the secretary of state: (1) An executed copy of the trust instrument or a true and correct copy of it, certified to be such by a trustee before an official authorized to administer oaths or by a public official in another state in whose office an executed copy is on file; ... |
Section 1747.04 | Amendment of trust instrument.
...A trust instrument may be amended in the manner specified in it or in any manner that is valid under the common or statutory law applicable to the trust created under it. However, no amendment adopted subsequent to the initial filings required by section 1747.03 of the Revised Code is legally effective in this state until an executed or certified true and correct copy of the amendment has been filed in the office of... |
Section 1747.05 | General powers of trust.
...s section, every real estate investment trust authorized to transact real estate business in this state has the following general powers: (1) To take, hold, and dispose of any estate or interest in real or personal property; (2) To sue and be sued, complain and defend, in all courts; (3) To transact its business, carry on its operations, and exercise the powers granted by this chapter in any state; (4) To make co... |
Section 1747.06 | Interests in property.
...(A) A real estate investment trust may take, hold, and dispose of any estate or interest in real property in its business name, or in the name of one or more of its trustees, or in the name of one or more of its nominees. A conveyance to a real estate investment trust in its business name shall recite that the grantee is a real estate investment trust, and the estate or interest so acquired can be conveyed by the tru... |
Section 1747.07 | Service of process.
...Real estate investment trusts are subject to all applicable provisions of law, rules of procedure, and rules of court, now in effect or hereafter enacted, relating to domestic or foreign corporations, with regard to service of process. |
Section 1747.08 | Certificate of beneficial interest is security.
...A certificate of beneficial interest is a security subject to Chapter 1707. of the Revised Code. |
Section 1747.09 | Perpetual period of existence - termination.
...Unless otherwise stated in the trust instrument, a real estate investment trust authorized to transact real estate business in this state has a perpetual period of existence and is not affected by any rule against perpetuities. Nothing contained in this section shall be construed or interpreted to limit, prohibit, or invalidate any provision of a trust instrument providing that such real estate investment trust may b... |
Section 1747.10 | Surrender of authority.
...estic or foreign real estate investment trust authorized to transact real estate business in this state may surrender its authority at any time by filing in the office of the secretary of state a verified copy of a resolution duly adopted by its trustees declaring its intention to withdraw, accompanied by the fee specified in division (T) of section 111.16 of the Revised Code. Such real estate investment trust then... |
Section 1747.11 | Forfeiture for transacting business without authority.
...ry to the credit of the general revenue fund. If brought by the prosecuting attorney, one-half of such forfeiture shall on collection be paid to the treasurer of the county in which action was brought and one-half shall be paid into the state treasury to the credit of the general revenue fund. In addition to such forfeiture, the court shall render a judgment that the trust pay the filing fees required by division (B)... |
Section 1747.12 | Violation effects.
...e failure of any real estate investment trust to be authorized to transact real estate business in this state does not affect the validity of any contract with such trust, or the validity of the title to any estate or interest in real property taken, held, or disposed of by such trust. No real estate investment trust that should have been so authorized, nor any persons on its behalf shall maintain any action in any c... |
Section 1747.13 | False or fraudulent filings prohibited.
...No person knowingly shall prepare, make, assist in preparing or making, or procure or advise the preparing or making of any false or fraudulent filings required or permitted by sections 1747.01 to 1747.13 of the Revised Code. |
Section 1747.99 | Penalty.
...Whoever violates section 1747.13 of the Revised Code shall be fined not more than ten thousand dollars. |
Section 2119.01 | Trustee for absentee.
... one of the next of kin, may appoint a trustee to take possession and charge of the property of the person, other than the property with respect to which the person has made provision by written instrument designating an agent or attorney in fact. The application shall be filed in the county in which the person last resided or if the person's last known residence was outside this state, the application may be ... |
Section 2119.02 | Notice.
...The probate court, before appointing a trustee for an absentee, shall cause notice of the filing of the application under section 2119.01 of the Revised Code and of the time and place of hearing on the application to be published once a week for four consecutive weeks in a newspaper of general circulation in the county and shall cause copies of the notice to be mailed to the spouse and next of kin of the absent... |
Section 2119.03 | Powers of trustee.
...(A) The trustee appointed under section 2119.01 of the Revised Code may proceed without order of the probate court to do the following: (1) Take possession of the property of the absentee wherever situated within the state; (2) Collect all debts due to the absentee; (3) Retain and invest the estate in accordance with Chapters 2113. to 2125. of the Revised Code. (B) The trustee may pay that part or all of the... |
Section 2119.04 | Mortgage, lease, or sale of real property - sale of personal property.
...In order to provide money for the payments authorized by section 2119.03 of the Revised Code, proceedings may be had for the mortgaging, leasing, or sale of the real property of an absentee in the same manner as provided by sections 2127.01 to 2127.43 of the Revised Code for sales of real property by executors and administrators. The probate court, upon notice to the spouse and any other persons and in the mann... |
Section 2119.05 | Termination of trust - final account.
...robate court for the termination of the trust established under section 2119.01 of the Revised Code, the court shall, on notice to the trustee and other interested parties, order the trustee to file a final account and on settlement of the account shall terminate the trust and order all remaining property returned. If an executor, administrator, or guardian is appointed for the estate of the absentee, the court... |
Section 2969.01 | Recovery of offender's profits fund definitions.
...As used in sections 2969.01 to 2969.06 of the Revised Code: (A) "Offender" means a person who pleads guilty to, is convicted of, or is found not guilty by reason of insanity of an offense in this state or a person against whom a complaint or information has been filed or an indictment has been returned in this state. (B) "Victim" means a person who suffers personal injury, death, or property loss as a result of any... |
Section 2969.02 | Payment of contract proceeds into recovery of offender's profits fund.
...t in the recovery of offender's profits fund, if the terms of the contract provide for any of the following: (1) The reenactment or description by the offender or by a member of the family of the offender in any of the following of an offense that the offender committed: (a) A movie, book, magazine, newspaper, article, or other form of literary expression; (b) A program on television, radio, or another broadcastin... |