Ohio Revised Code Search

...e technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially those sections, the secretary of state, so far as is consistent with the purposes, policies, and provisions of this chapter, shall do all of the following in adopting, amending, and repealing filing-office rules: (1) Consult with filing offices in other jurisdictions that enact...

...ost recent version of the model rules promulgated by the international association of corporate administrators, or any successor organization, and the reasons for these variations.

...created. The fund shall also receive revenue from fees charged to customers for special database requests. All moneys credited to the fund shall be used for the purpose of paying for the operations of the office of the secretary of state and for the purpose of paying for expenses relating to the processing of filings under Title XIII or XVII of the Revised Code.

...state may distribute those amounts from time to time as the secretary of state so determines but no less frequently than annually, and in any case shall commence those distributions not later than September 30, 2002.

...attel paper, payment intangibles, or promissory notes.

...cured party's liability for failure to comply with this chapter.

...09.609 of the Revised Code to refrain from breaching the peace.

...y agreement covers goods that are or become fixtures, a secured party may proceed: (1) Under sections 1309.601 to 1309.628 of the Revised Code; or (2) In accordance with the rights with respect to real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply. (C) Subject to the other provisions of sections 1309.601 to 1309.628 of the Revised Code, if a secured ...

...dentity of the person; and (3) How to communicate with the person; or (B) To a secured party or lienholder who has filed a financing statement against a person, unless the secured party knows: (1) That the person is a debtor; and (2) The identity of the person.

...l lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.

...(C) A secured party shall proceed in a commercially reasonable manner if the secured party: (1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor. (D) A secured party may deduct from the collections made pur...

...he interest or lien within a reasonable time. Unless the holder complies, the secured party is not required to comply with the holder's demand made under division (A)(1)(c) of this section. (3) A secured party is not required to apply or pay over for application noncash proceeds of collection and enforcement under section 1309.607 of the Revised Code unless the failure to do so would be commercially unreasonable. A ...

...lateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 1309.610 of the Revised Code. (B) A secured party may act under division (A) of this section: (1) Pursuant to judicial process; or (2) Without judicial process if it acts without breach of the peace. (C) If so agreed, and in any event after default, a secured party may require the debtor...

... subject of widely distributed standard price quotations. (D) A contract for a sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like that by operation of law accompany a voluntary disposition of property of the kind subject to the contract. (E) A secured party may disclaim or modify warranties under division (D) of this section: (1) In a man...

... division (C) of this section. (C) To comply with division (B) of this section, the secured party shall send an authenticated notification of disposition to: (1) The debtor; (2) Any secondary obligor; and (3) If the collateral is other than consumer goods: (a) Any other person from whom the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the co...

...otification is sent within a reasonable time is a question of fact. (B) A notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.

...ion 1309.614 of the Revised Code, when completed, each provides sufficient information: "NOTIFICATION OF DISPOSITION OF COLLATERAL To: (Name of debtor, obligor, or other person to whom the notification is sent) From: (Name, address, and telephone number of secured party) Name of Debtor(s): (Include only if debtor(s) are not an addressee) (FOR A PUBLIC DISPOSITION:) We will sell (or lease or license, as applicab...

...follows: Day and date:_______________ Time:_______________________ Place:______________________ You may attend the sale and bring bidders if you want. (For a private disposition) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than ...

...he interest or lien within a reasonable time. Unless the holder does so, the secured party is not required to comply with the holder's demand under division (A)(3) of this section. (C) A secured party is not required to apply or pay over for application noncash proceeds of disposition under section 1309.610 unless the failure to do so would be commercially unreasonable. A secured party who applies or pays over for ...

...a telephone number or mailing address from which additional information concerning the transaction is available. (2) "Request" means a record: (a) Authenticated by a debtor or consumer obligor; (b) Requests that the recipient provide an explanation; and (c) Sent after disposition of the collateral under section 1309.610 of the Revised Code. (B) In a consumer-goods transaction in which the debtor is entitled to a...

...on, even if the secured party fails to comply with this chapter or the requirements of any judicial proceeding. (C) If a transferee does not take free of the rights and interests described in division (A) of this section, the transferee takes the collateral subject to: (1) The debtor's rights in the collateral; (2) The security interest or agricultural lien under which the disposition is made; and (3) Any other s...

...ondary obligor: (1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or (3) Is subrogated to the rights of a secured party with respect to collateral. (B) An assignment, transfer, or subrogation described in division (A) of this section: (1) Is not a dispo...

...) Accept the transfer statement; (2) Promptly amend its records to reflect the transfer; and (3) If applicable, issue a new appropriate certificate of title in the name of the transferee. (C) A transfer of the record or legal title to collateral to a secured party under division (B) of this section or otherwise is not of itself a disposition of collateral under this chapter and does not of itself relieve the secur...

...ion if: (1) Sixty per cent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or (2) Sixty per cent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods. (F) To comply with division (E) of this section, the secured party shall dispose of the collateral: (1) Within ninety days after ...

...send its proposal to: (1) Any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) Any other secured party or lienholder who, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:...