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Ohio Revised Code Search

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Section 1309.401 | Alienability of debtor's rights - UCC 9-401.

...(A) Except as provided in division (B) of this section and sections 1309.406, 1309.407, 1309.408, and 1309.409 of the Revised Code, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this chapter. (B) An agreement between the debtor and secured party that prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does ...

Section 1309.402 | Secured party not obligated on contract of debtor or in tort - UCC 9-402.

...The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions.

Section 1309.403 | Agreement not to assert defenses against assignee - UCC 9-403.

...(A) As used in this section, "value" has the same meaning as in division (A) of section 1303.33 of the Revised Code. (B) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) For value; (2) In good fai...

Section 1309.404 | Rights acquired by assignee - claims and defenses against assignee - UCC 9-404.

...(A) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to divisions (B) to (E) of this section, the rights of an assignee are subject to: (1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debto...

Section 1309.405 | Modification of assigned contract - UCC 9-405.

...(A) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This division is subject to divisions (B) to (D) of this section. (B) Division (A) of this section applies ...

Section 1309.406 | Discharge of account debtor - UCC 9-406.

...(A) Subject to divisions (B) to (I) of this section, an account debtor on an account, chattel paper, or payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the no...

Section 1309.407 | Restriction on creation or enforcement of security interest in leasehold interest or in lessor's residual interest - UCC 9-407.

...(A) Except as otherwise provided in division (B) of this section, a term in a lease agreement is not effective to the extent that it: (1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the go...

Section 1309.408 | Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective - UCC 9-408.

...(A) Except as otherwise provided in division (B) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor that relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to,...

Section 1309.409 | Restrictions on assignment of letter-of-credit rights ineffective - UCC 9-409.

...(A) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit that prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is not effective to the extent that the term or rule or law, statute, regulation, custom, or practice...

Section 1309.501 | Filing office - UCC 9-501.

...(A) Except as provided in division (B) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) The office designated for the filing or recording of a record of a mortgage on the related real property, if: (a) The collateral is as-extracted collateral...

Section 1309.502 | Contents of financing statement - record of mortgage as financing statement - time of filing financing statement - UCC 9-502.

...(A) Subject to division (B) of this section, a financing statement is sufficient only if it: (1) Provides the name of the debtor; (2) Provides the name of the secured party or a representative of the secured party; and (3) Indicates the collateral covered by the financing statement. (B) Except as otherwise provided in division (B) of section 1309.501 of the Revised Code, to be sufficient, a financing statem...

Section 1309.503 | Name of debtor and secured party - UCC 9-503.

...(A) A financing statement sufficiently provides the name of the debtor: (1) Except as otherwise provided in division (A)(3) of this section, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization's name on the public organic record most recently filed w...

Section 1309.504 | Indication of collateral - UCC 9-504.

...A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (A) A description of the collateral pursuant to section 1309.108 of the Revised Code; or (B) An indication that the financing statement covers all assets or all personal property.

Section 1309.505 | Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions - UCC 9-505.

...(A) A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in division (A) of section 1309.311 of the Revised Code, using the terms "consignor," "consignee," "lessor," "lessee," "bailor," "bailee," "licensor," "licensee," "owner," "registered owner," "buyer," "seller," or words of...

Section 1309.506 | Effect of errors or omissions - UCC 9-506.

...(A) A financing statement that substantially satisfies the requirements of sections 1309.501 to 1309.527 of the Revised Code is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (B) Except as otherwise provided in division (C) of this section, a financing statement that fails sufficiently to provide the name of the debtor in accord...

Section 1309.507 | Effect of certain events on effectiveness of financing statement - UCC 9-507.

...(A) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition. (B) Except as otherwise provided in division (C) of this section and section 1309.508 of the Revised Code, a financing statement is not...

Section 1309.508 | Effectiveness of financing statement if new debtor becomes bound by security agreement - UCC 9-508.

...(A) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (B) If the difference between the name of the original debtor and that of the new de...

Section 1309.509 | Persons entitled to file a record - UCC 9-509.

...(A) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if: (1) The debtor authorizes the filing in an authenticated record or pursuant to division (B) or (C) of this section; or (2) The person holds an agricultural lien that has become effective at the time of filing, and the financing state...

Section 1309.510 | Effectiveness of filed record - UCC 9-510.

...(A) A filed record is effective only to the extent that it was filed by a person who is permitted to file it under section 1309.509 of the Revised Code. (B) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record. (C) A continuation statement that is not filed within the six-month period prescribed by division (D) of section 1309.515...

Section 1309.511 | Secured party of record - UCC 9-511.

...(A) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under division (A) of section 1309.514 of the Revised Code, the assignee named in the initial financing statement is the secured party of record ...

Section 1309.512 | Amendment of financing statement - UCC 9-512.

...(A) Subject to section 1309.509 of the Revised Code, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to division (E) of this section, otherwise amend the information provided in, a financing statement by filing an amendment that: (1) Identifies, by its file number, the initial financing statement to which the amendment relates; and (2) If the amendment relat...

Section 1309.513 | Termination statement - UCC 9-513.

...(A) A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and: (1) There is no obligation secured by the collateral covered by the financing statement, and no commitment to make an advance, incur an obligation, or otherwise give value; or (2) The debtor did not authorize the filin...

Section 1309.514 | Assignment of powers of secured party of record - UCC 9-514.

...(A) Except as otherwise provided in division (C) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party. (B) Except as provided in division (C) of this section, a secured party of record may assign of record ...

Section 1309.515 | Duration and effectiveness of financing statement - effect of lapsed financing statement - UCC 9-515.

...(A) Except as otherwise provided in divisions (B), (E), (F), and (G) of this section, a filed financing statement is effective for a period of five years after the date of filing. (B) Except as otherwise provided in divisions (E), (F), and (G) of this section, an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thir...

Section 1309.516 | What constitutes filing - effectiveness of filing - UCC 9-516.

...(A) Except as provided in division (B) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing. (B) Filing does not occur with respect to a record that a filing office refuses to accept because: (1) The record is not communicated by a method or medium of communication authorized by the filing office; (2) An...