Ohio Revised Code Search
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Section 1305.16 | Subrogation of issuer, applicant, and nominated person - UCC 5-117.
...(A) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were the secondary obligor of the underlying obligation owed to the applicant. (B) An applicant that reimburses an issuer is subrogated to the rig... |
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 1306.02 | Scope of chapter - exceptions.
...(A) Except as provided in division (B) of this section, sections 1306.01 to 1306.23 of the Revised Code apply to electronic records and electronic 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;... |
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.
...(A) Sections 1306.01 to 1306.23 of the Revised Code do not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (B) Sections 1306.01 to 1306.23 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 t... |
Section 1306.05 | Citation, construction and application of chapter.
...Sections 1306.01 to 1306.15 of the Revised Code may be known and cited as the "uniform electronic transactions act" and shall be construed and applied as follows: (A) To facilitate electronic transactions consistent with other applicable law; (B) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; (C) To effectuate its general purpose t... |
Section 1306.06 | Electronic record or signature satisfies legal requirements.
...(A) A record or signature may not be denied legal effect or enforceability solely because 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.
...(A) If the 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 re... |
Section 1306.08 | When electronic record or signature is attributable to person - effect.
...(A) An electronic record or electronic signature is 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 d... |
Section 1306.09 | Effect of change or error in transmission.
...(A) If a change or error in an electronic record occurs in a 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 ... |
Section 1306.10 | Notary, acknowledgment, verification or oath requirement.
...If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of 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.
...(A) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record if both of the following are satisfied: (1) The electronic record accurately and completely reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise. (2) The electronic record remains accessible fo... |
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.
...(A) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it satisfies all of the following: (1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, and from which the recipient is able to retrieve the elec... |
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 1306.18 | Security procedures.
...llowing: (a) The security procedure is commercially reasonable. (b) The party accepted or relied on the electronic message in good faith and in compliance with the security procedure and any additional agreement with or separate instructions of the other party. (c) The security procedure indicates that the electronic message is from the person to which attribution is sought. (B) If the electronic signature or ele... |
Section 1306.19 | Exemption for consumer transactions.
...Sections 1306.17 and 1306.18 of 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.
...(A) With regard to state agency use of electronic records or electronic signatures, the department of administrative services, in consultation with the state archivist, shall adopt rules in accordance with section 111.15 of the Revised Code setting forth all of the following: (1) The minimum requirements for the method of creation, maintenance, and security of electronic records and electronic signatures; (2) If el... |
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.
...Records that would disclose or may lead to the disclosure of records or information that would jeopardize the state's continued use or security of any computer or telecommunications devices or services associated with electronic signatures, electronic records, or electronic transactions are not public records for purposes of section 149.43 of the Revised Code. |
Section 1307.102 | Definitions and index of definitions - UCC 7-102.
...Definitions and index of definitions [UCC 7-102] (A) As used in sections 1307.101 to 1307.603 of the Revised Code, unless the context otherwise requires: (1) "Bailee" means a person that by a warehouse receipt, bill of lading, or other document of the title acknowledges possession of goods and contracts to deliver them. (2) "Carrier" means a person that issues a bill of lading. (3) "Consignee" means a person... |
Section 1307.103 | Relation of Chapter 1307. of the Revised Code to treaty or statute - UCC 7-103.
...Relation of Chapter 1307. of the Revised Code to treaty or statute [UCC 7-103] (A) Sections 1307.101 to 1307.603 of the Revised Code are subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable. (B) Sections 1307.101 to 1307.603 of the Revised Code do not modify or repeal any law prescribing the form or con... |
Section 1307.104 | Negotiable and nonnegotiable document of title - UCC 7-104.
...Negotiable and nonnegotiable document of title [UCC 7-104] (A) Except as otherwise provided in division (C) of this section, a document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person. (B) A document of title other than one described in division (A) of this section is nonnegotiable. A bill of lading that states that the goods are consigned to a... |