Ohio Revised Code Search
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Section 1307.601 | Lost, stolen, or destroyed documents of title - UCC 7-601.
...t double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery. |
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Section 1307.602 | Judicial process against goods covered by negotiable document of title - UCC 7-602.
...on is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process. |
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Section 1307.603 | Conflicting claims; interpleader - UCC 7-603.
...lidity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action. |
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Section 1307.703 | Applicability - UCC 7-703.
...03 of the Revised Code apply to a document of title that is issued or a bailment that arises on or after the effective date of this section. Sections 1307.101 to 1307.603 of the Revised Code do not apply to a document of title that is issued or a bailment that arises before the effective date of this section even if the document of title or bailment would be subject to those sections if the document of title h... |
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Section 1307.704 | Savings clause - UCC 7-704.
..., obligations, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by H.B. 9 of the 129th general assembly as if amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule. |
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Section 1308.01 | Definitions - UCC 8-102.
...ws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. (6) "Communicate" means to: (a) Send a signed writing; or (b) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. (7) "Entitlement h... |
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Section 1308.02 | Rules for determining whether certain obligations and interests are securities or financial assets - UCC 8-103.
...trust, joint stock company, or similar entity is a security. (B) An "investment company security" is a security. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certif... |
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Section 1308.03 | Overissue defined - effect - UCC 8-210.
...idation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person's demand. (B) "Overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue. |
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Section 1308.04 | Evidentiary rules concerning certificate securities - UCC 8-114.
... of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted. |
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Section 1308.05 | Applicability - choice of law - UCC 8-110.
... security certificate is located at the time of delivery governs whether an adverse claim can be asserted against a person to whom the security certificate is delivered. (D) "Issuer's jurisdiction" means the jurisdiction under which the issuer of the security is organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified by the issuer. An issuer organized under the law of th... |
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Section 1308.06 | Clearing corporation rules - UCC 8-111.
...the clearing corporation is effective even if the rule conflicts with this chapter and affects another party who does not consent to the rule. |
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Section 1308.07 | Statute of frauds inapplicable - UCC 8-113.
...cord authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making. |
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Section 1308.08 | Issuer - UCC 8-201.
...ed by security certificates; or (4) Becomes responsible for, or in place of, any other person described as an issuer in this section. (B) With respect to obligations on or defenses to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate. (C) With respect to registration of transfer, "issuer" means a person on whose behalf transfer book... |
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Section 1308.09 | Issuer's responsibility and defenses - notice of defect or defense - UCC 8-202.
...ity only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security. (C) Except as otherwise provided in section 1308.12 of the Revised Code, lack of genuineness of a c... |
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Section 1308.10 | Staleness as notice of defect or defense - UCC 8-203.
...After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or that sets a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer if the act or event: (A) Requires the payment ... |
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Section 1308.11 | Effect of issuer's restriction on transfer - UCC 8-204 - issuer's lien - UCC 8-209.
... of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without actual knowledge of it unless: (1) The security is certificated and the restriction is noted conspicuously on the security certificate; or (2) The security is uncertificated and the registered owner has been notified of the restriction. (B) A lien in favor of an issuer upon a certificated security is valid again... |
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Section 1308.12 | Effect of unauthorized signature on security certificate - UCC 8-205.
...lack of authority and the signing has been done by: (A) An authenticating trustee, registrar, transfer agent, or other person entrusted by the issuer with the signing of the security certificate or of similar security certificates, or the immediate preparation for signing of any of them; or (B) An employee of the issuer, or of any of the persons listed in division (A) of this section, entrusted with responsible han... |
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Section 1308.13 | Completion or alteration of security certificate - UCC 8-206.
...in the blanks as authorized; and (2) Even if the blanks are incorrectly filled in, the security as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness. (B) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but only according to its original terms. |
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Section 1308.14 | Rights and duties of issuer with respect to registered owners - UCC 8-207.
...(A) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner. (B) This chapter does not affect the ... |
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Section 1308.15 | Effect of signature of authenticating trustee, registrar, or transfer agent - UCC 8-208.
... the authority received by the person from the issuer; and (3) The person has reasonable grounds to believe the certificated security is in the form and within the amount the issuer is authorized to issue. (B) Unless otherwise agreed, a person signing under division (A) of this section does not assume responsibility for the validity of the security in other respects. |
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Section 1308.16 | Rights of purchaser - UCC 8-302.
...es not improve its position by taking from a protected purchaser. |
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Section 1308.17 | Protected purchaser - UCC 8-303.
...(A) A "protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who: (1) Gives value; (2) Does not have notice of any adverse claim to the security; and (3) Obtains control of the certificated or uncertificated security. (B) In addition to acquiring the rights of a purchaser, a protected purchaser also acquires its interest in the security free of any adverse... |
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Section 1308.18 | Acquisition of security or financial asset or interest therein - UCC 8-104.
... or (2) The person acquires a security entitlement to the security pursuant to section 1308.51 of the Revised Code. (B) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset. (C) A person who acquires a security entitlement to a security or other financial asset has the rights specified in section... |
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Section 1308.19 | Notice of adverse claim - UCC 8-105.
... collection" or "for surrender" or for some other purpose not involving transfer; or (2) Is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement. (E) Filing of a financing statement under Chapter 1309. of the Revised Code is not notice of an adverse claim to a financial asset. |
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Section 1308.20 | Warranties in direct holding - UCC 8-108.
...will be registered by the issuer free from all liens, security interests, restrictions, and claims other than those specified in the instruction; (c) The transfer will not violate any restriction on transfer; and (d) The requested transfer will otherwise be effective and rightful. (C) A person who transfers an uncertificated security to a purchaser for value and does not originate an instruction in connection with... |