Ohio Revised Code Search
Section |
---|
Section 1305.11 | Transfer of letter of credit - UCC 5-112.
...of the Revised Code, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (B) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if: (1) The transfer would violate applicable law; or (2) The transferor or transferee has faile... |
Section 1305.12 | Transfer by operation of law - UCC 5-113.
...anged after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section. |
Section 1305.13 | Assignment of proceeds - UCC 5-114.
... this section, "proceeds of a letter of credit" means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not include a beneficiary's drawing rights or documents presented by the beneficiary. (B) A beneficiary may assign its right to part or all of the proceeds of a letter of credit. Th... |
Section 1305.14 | Statute of limitations - UCC 5-115.
...piration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. |
Section 1305.15 | Choice of law and forum - UCC 5-116.
...y a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. (B) Unless division (A) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the a... |
Section 1305.16 | Subrogation of issuer, applicant, and nominated person - UCC 5-117.
...t or demand presented under a letter of credit is subrogated to the rights of: (1) The issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed to the issuer by the applicant; (2) The beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary; and (3) The applicant to the same extent... |
Section 1305.18 | Security interest of issuer or nominated person - UCC 5-118.
... 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 section, the security interest continues and is subject to Cha... |
Section 1319.01 | Liability for unauthorized use of credit card.
...A cardholder who receives a credit card from an issuer, which such cardholder has not requested nor used, shall not be liable for any use made of such credit card which has not been authorized by such cardholder, unless such credit card is in replacement or renewal of a credit card previously requested or used by the cardholder. |
Section 1319.02 | Enforcing commitment to pay attorneys' fees in commercial contract of indebtedness.
...(A) As used in this section: (1) "Contract of indebtedness" means a note, bond, mortgage, conditional sale contract, retail installment contract, lease, security agreement, or other written evidence of indebtedness, other than indebtedness incurred for purposes that are primarily personal, family, or household. (2) "Commitment to pay attorneys' fees" means an obligation to pay attorneys' fees that arises in c... |
Section 1319.06 | Husband and wife must join in chattel mortgage on household property.
... by either or both of them, without the joint consent of both husband and wife. No such mortgage is valid unless executed by both husband and wife. This section does not apply to any mortgage or lien for the purchase price of such property. |
Section 1319.07 | Definitions for RC sections 1319.07 to 1319.09.
...As used in sections 1319.07 to 1319.09 of the Revised Code: (A) "Nonrecourse carveout" means a specific exemption, if any, to the nonrecourse provisions set forth in the loan documents for a nonrecourse loan that has the effect of creating, if specified events occur, personal liability of the borrower or guarantor or other surety of the loan for all or some amounts owed to the lender. (B) "Nonrecourse loan" ... |
Section 1319.08 | Use of postclosing solvency covenant.
...(A) A postclosing solvency covenant shall not be used, directly or indirectly, as a nonrecourse carveout or as the basis for any claim or action against a borrower or any guarantor or other surety on a nonrecourse loan. (B) A provision in the documents for a nonrecourse loan that does not comply with division (A) of this section is invalid and unenforceable. |
Section 1319.09 | Loans without nonrecourse loan provisions.
...Section 1319.08 of the Revised Code does not prohibit a loan that is secured by a mortgage on real property located in this state from being fully recourse to the borrower or guarantor, including, but not limited to, as a result of a postclosing solvency covenant, if the loan documents for that loan do not contain nonrecourse loan provisions. |
Section 1319.11 | Joining or separating claims of creditors.
...rate action. The court shall charge the filing fee of the separate action to the losing party. |
Section 1319.12 | Taking assignment of debts.
... the purpose of billing, collecting, or filing suit in its own name as the real party in interest. (C) No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements: (1) The assignment was voluntary, properly executed, and acknowledged by the person transferring... |
Section 1319.16 | Check collection charges.
...(A) If a collection agency has been designated to collect on a check, negotiable order of withdrawal, share draft, or other negotiable instrument that has been returned or dishonored for any reason, the collection agency may charge and receive check collection charges of not more than thirty dollars or ten per cent of the face amount of the instrument, whichever is greater, and may charge and receive any charge impos... |
Section 1319.17 | Commercial credit reports.
...it or not for profit. (2) "Commercial credit report" means any report provided to a business for a legitimate business purpose, relating to the financial status or payment habits of a business that is the subject of the report. "Commercial credit report" does not include any of the following: (a) A report prepared for commercial insurance underwriting, claims, or auditing purposes; (b) A report containing infor... |
Section 1733.01 | Credit union definitions.
...s the context otherwise requires: (A) "Credit union" means a corporation organized and qualified as such under this chapter. In addition to the powers enumerated in this chapter and unless restricted in this chapter, every credit union has the general powers conferred upon corporations by Chapter 1701. of the Revised Code. A credit union is a nonprofit cooperative financial institution and as such is organized and o... |
Section 1733.02 | Purpose of chapter.
...33. of the Revised Code: (A) To enable credit unions to be formed for the purpose of promoting thrift among their members and, to that end, to establish, on a cooperative basis, facilities for savings, credit for provident and productive uses, assistance to members in budgeting and money management and the effective use of their assets and resources, and all activities necessary or incidental thereto; (B) To delega... |
Section 1733.03 | Purpose of credit union.
...The purpose for which a credit union may be formed is to promote thrift among its members, and to that end to establish, on a cooperative basis, facilities for savings, credit for provident and productive purposes, assistance to members in budgeting and money management and the effective use of their assets and resources, and all activities necessary or incidental thereto. |
Section 1733.04 | Authority of credit union.
...de, and its articles and regulations, a credit union may do any of the following: (1) Make loans as provided in section 1733.25 of the Revised Code; (2) Invest its money as provided in section 1733.30 of the Revised Code; (3) If authorized by the code of regulations, rebate to the borrowing members a portion of the member's interest paid to the credit union; (4) If authorized by the regulations, charge a ... |
Section 1733.041 | Insurance protection for members' accounts.
...Each credit union operating under this chapter or otherwise authorized to do business in this state shall obtain insurance for the protection of their members' accounts. Such share guarantee insurance may be obtained from the national credit union administration operating under the "Federal Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C. 1751, and any amendments thereto, or from a credit union share guaranty corpo... |
Section 1733.042 | Posting notice of insurance.
... of doing business in this state, every credit union with members' accounts insured by a credit union share guaranty corporation licensed pursuant to Chapter 1761. of the Revised Code shall post a notice at all public entrances at its place of business and at each of its service facilities. The notice shall be not less than eight and one-half inches by eleven inches and shall include all of the following in not less ... |
Section 1733.05 | Membership.
...therwise qualifying for membership in a credit union under this section, the articles, and the regulations, and who are elected to membership by the board of directors, shall become members of a credit union, provided that in lieu of electing persons to membership, the board of directors may elect or appoint one or more membership officers and delegate authority to any such membership officer to accept persons into m... |
Section 1733.051 | Grounds for termination of services.
...A) The senior management officials of a credit union may terminate the membership of, or some or all services to, a member of the credit union, if the member does any of the following: (1) Causes a loss to the credit union; (2) Commits fraud or any similar misdeed against the credit union or against any person on the premises of the credit union; (3) Engages in inappropriate behavior involving another person, s... |