Ohio Revised Code Search
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Section 1309.103 | Purchase-money security interest - application of payments - burden of establishing - UCC 9-103.
...e of the collateral if the value is in fact so used. (B) A security interest in goods is a purchase-money security interest: (1) To the extent that the goods are purchase-money collateral with respect to that security interest; (2) If the security interest is in inventory that is or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respec... |
Section 1309.104 | Control of deposit account - UCC 9-104.
...(A) A secured party has control of a deposit account if: (1) The secured party is the bank with which the deposit account is maintained; (2) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or (3) The secured party bec... |
Section 1309.105 | Control of electronic chattel paper - UCC 9-105.
...(A) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned. (B) A system satisfies division (A) of this section if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that: (1) A single... |
Section 1309.106 | Control of investment property - UCC 9-106.
...party has control over a commodity contract if: (1) The secured party is the commodity intermediary with which the commodity contract is carried; or (2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer. ... |
Section 1309.107 | Control of letter-of-credit right - UCC 9-107.
...d Code or otherwise applicable law or practice. |
Section 1309.108 | Sufficiency of description - UCC 9-108.
...lying financial asset or commodity contract. (E) A description only by type of collateral defined in Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code is an insufficient description of: (1) A commercial tort claim; or (2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account. |
Section 1309.109 | Scope of chapter - UCC 9-109.
...r applies to the following: (1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) A consignment; (5) A security interest arising under section 1302.42 or 1302.49, division (C) of section 1302.85, or division (E) of section 1310.54 of th... |
Section 1309.110 | Security interests arising under article 2 or 2A - UCC 9-110.
...A security interest arising under sections 1302.42 and 1302.49, division (C) of section 1302.85, or division (E) of section 1310.54 of the Revised Code is subject to this chapter. However, until the debtor obtains possession of the goods: (A) The security interest is enforceable even if division (B)(3) of section 1309.203 of the Revised Code has not been satisfied; (B) Filing is not required to perfect the s... |
Section 1309.201 | General effectiveness of security agreement - UCC 9-201.
...alidate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in division (B) of this section; or (2) Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it. |
Section 1309.202 | Title to collateral immaterial - UCC 9-202.
...Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this chapter with regard to rights and obligations apply whether title to collateral is in the secured party or in the debtor. |
Section 1309.203 | Attachment and enforceability of security interest - proceeds - supporting obligation - formal requisites - UCC 9-203.
...law other than this article or by contract: (1) The security agreement becomes effective to create a security interest in the person's property; or (2) The person becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person. (E) If a new debtor becomes b... |
Section 1309.204 | After-acquired property - future advances - UCC 9-204.
...(A) Except as provided in division (B) of this section, a security agreement may create or provide for a security interest in after-acquired collateral. (B) A security interest does not attach under a term constituting an after-acquired property clause to: (1) Consumer goods other than accessions when given as additional security unless the debtor acquires rights in them within ten days after the secured party ... |
Section 1309.205 | Use or disposition of collateral permissible - UCC 9-205.
...(A) A security interest is not invalid or fraudulent against creditors solely because: (1) The debtor has the right or ability to: (a) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods; (b) Collect, compromise, enforce, or otherwise deal with collateral; (c) Accept the return of collateral or make repossessions; or (d) Use, commingle, or dispose of proceeds; o... |
Section 1309.206 | Security interest arising in purchase or delivery of financial asset - UCC 9-206.
...ugh a securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and (2) The securities intermediary credits the financial asset to the buyer's securities account before the buyer pays the securities intermediary. (B) The security interest described in division (A) of this section secures the person's obligation to ... |
Section 1309.207 | Rights and duties of secured party having possession or control of collateral - UCC 9-207.
...(A) Except as otherwise provided in division (D) of this section, a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of an instrument or chattel paper, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (B) Except as otherwise provided in division (D) of this secti... |
Section 1309.208 | Additional duties of secured party having control of collateral - UCC 9-208.
... the debtor; and (c) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy that add or change an identified assignee of the authoritative copy without the consent of the secured party. (4) A secured party having control of investment property under division (D)(2) of section 1308.24 or division (B) of section 1309.106 of the Revised C... |
Section 1309.209 | Duties of secured party if account debtor has been notified of assignment - UCC 9-209.
...(A) Except as otherwise provided in division (C) of this section, this section applies if: (1) There is no outstanding secured obligation; and (2) The secured party is not committed to make advances, incur obligations, or otherwise give value. (B) Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to... |
Section 1309.210 | Request for accounting - request regarding list of collateral or statement of account - UCC 9-210.
...ral and reasonably identifying the transaction or relationship that is the subject of the request. (3) "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (4) "Reque... |
Section 1309.301 | Law governing perfection and priority of security interests - UCC 9-301.
...ority of a security interest in as-extracted collateral. |
Section 1309.302 | Law governing perfection and priority of agricultural liens - UCC 9-302.
...While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products. |
Section 1309.303 | Law governing perfection and priority of security interests in goods covered by a certificate of title - UCC 9-303.
...(A) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor. (B) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a... |
Section 1309.304 | Law governing perfection and priority of security interests in deposit accounts - UCC 9-304.
...(A) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank. (B) The following rules determine a bank's jurisdiction for purposes of this section: (1) If an agreement between the bank and the debtor governing the deposit account expressly provides that a particular jurisdiction is the... |
Section 1309.305 | Law governing perfection and priority of security interests in investment property - UCC 9-305.
...a security interest in a commodity contract or commodity account. (B) The following rules determine a commodity intermediary's jurisdiction for purposes of sections 1309.301 to 1309.342 of the Revised Code: (1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for pu... |
Section 1309.306 | Law governing perfection and priority of security interests in letter-of-credit rights - UCC 9-306.
...(A) Subject to division (C) of this section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state. (B) For purposes of sections 1309.301 to 1309.342 of the Revised Code, an issuer's juri... |
Section 1309.307 | Location of debtor - UCC 9-307.
...air carrier under the "Federal Aviation Act of 1958," 49 U.S.C. 40102, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier. (K) This section applies only for the purposes of sections 1309.301 to 1309.342 of the Revised Code. |