Ohio Revised Code Search
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Section 1336.05 | Claims arising before the transfer or obligation incurred.
...(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or... |
Section 1336.06 | When transfer made or obligation incurred.
...t of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; (b) With respect to an asset that is not real property or that is a fixture, when the transfer i... |
Section 1336.07 | Remedies of creditor.
...(A) In an action for relief arising out of a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, a creditor or a child support enforcement agency on behalf of a support creditor, subject to the limitations in section 1336.08 of the Revised Code, may obtain one of the following: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the claim of t... |
Section 1336.08 | Bona fide transfers - voidable transfers.
...the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a judgment for the value of the asset transferred, as adjusted under division (B)(2) of this section, or the amount necessary to satisfy the claim of the creditor or agency, whichever is less. The judgment may be entered aga... |
Section 1336.09 | Statute of limitations.
... Revised Code is extinguished unless an action is brought in accordance with one of the following: (A) If the transfer or obligation is fraudulent under division (A)(1) of section 1336.04 of the Revised Code, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or reasonably could have been discovered by the claimant; (B) If ... |
Section 1336.10 | Laws supplementing chapter.
...Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter. |
Section 1336.11 | Citing chapter.
...as the Ohio uniform fraudulent transfer act. |
Section 1337.01 | Power of attorney.
...A power of attorney for the conveyance, mortgage, or lease of any interest in real property shall be signed, acknowledged, and certified as provided in section 5301.01 of the Revised Code. |
Section 1337.02 | Form and effect of power of attorney.
...A deed, mortgage, or lease of any interest in real property, made by virtue of a power of attorney, must contain the name of the grantor, mortgagor, or lessor, and shall convey, mortgage, or lease the interest of such grantor, mortgagor, or lessor as fully as if such deed, mortgage, or lease were executed by such grantor, mortgagor, or lessor, in person. At any time previous to the conveyance, mortgage, or lease, the... |
Section 1337.03 | Validity of certain acts of attorney in fact.
...No deed executed by a person acting for another, under a power of attorney, acknowledged, and recorded, is invalid or defective because he, instead of his principal, is named in such deed as such attorney as grantor; nor because his name, as such attorney, is subscribed to such deed, instead of the name of his principal; nor because the certificate of acknowledgment, instead of setting forth that the deed was acknow... |
Section 1337.04 | Recording of power of attorney.
...a deed, mortgage, land installment contract, or lease. (B) A power of attorney used for the execution of a real property instrument shall be properly executed and acknowledged by the principal before the execution and acknowledgement of such real property instrument executed by virtue of such power of attorney. For purposes of this section, if the execution and acknowledgement of the power of attorney is dated th... |
Section 1337.05 | Revocation of power of attorney must be recorded.
...s been recorded, will be revoked by any act of the person by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power of attorney was recorded. |
Section 1337.06 | Execution and evidence of power of attorney.
...ansfer of personal property or the transaction of business relating to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, shall be signed and acknowledged in the same manner as deeds and mortgages under section 5301.01 of the Revised Code. When so executed, acknowledged, and recorded, a copy of the record, certified by the county recorder, with ... |
Section 1337.07 | Admission of power of attorney to record.
...ansfer of personal property or the transaction of any business relating thereto admitted to record in the office of the county recorder of the county in which such property is situated, or in which any of such business is to be transacted. |
Section 1337.08 | Record of power of attorney authorizing transfer of personal property.
...nsfer of personal property or the transaction of any business relating thereto. Upon presentation of such a power of attorney, the county recorder shall endorse thereon the date of its presentation, and after it is recorded endorse thereon the time at which the instrument was recorded, and the number or letter and page of the official records in which it is recorded. The county recorder also shall keep an inde... |
Section 1337.092 | Personal liability.
...(A) If an attorney in fact enters into a contract in the representative capacity of the attorney in fact, if the contract is within the authority of the attorney in fact, and if the attorney in fact discloses in the contract that it is being entered into in the representative capacity of the attorney in fact, the attorney in fact is not personally liable on the contract, unless the contract otherwise specifies.... |
Section 1337.10 | Fees of recorder - microfilm process.
...ansfer of personal property or the transaction of business relating to the transfer of personal property, the indexing of that instrument, and for making a certified copy of the record of the instrument, that the recorder is allowed by section 317.32 of the Revised Code to charge for similar services in regard to other instruments. In a county in which the county recorder has determined to use the microfilm pro... |
Section 1337.12 | Formality of execution.
... Code, that authorizes an attorney in fact as described in division (A)(2) of this section to make health care decisions for the principal at any time that the attending physician of the principal determines that the principal has lost the capacity to make informed health care decisions for the principal. The durable power of attorney for health care may authorize the attorney in fact, commencing immediately u... |
Section 1337.14 | Revocation.
... or the designation of the attorney in fact under it. The principal may so revoke at any time and in any manner. The revocation shall be effective when the principal expresses an intention to so revoke, except that, if the principal made the principal's attending physician aware of the durable power of attorney for health care, the revocation shall be effective upon its communication to the attending physician by ... |
Section 1337.15 | Immunity.
...rosecution or professional disciplinary action and is not liable in damages in a tort or other civil action for actions taken in good faith and in reliance on a health care decision when all of the following are satisfied: (1) The decision is made by an attorney in fact under a durable power of attorney for health care after the attorney in fact receives information sufficient to satisfy the requirements of informed... |
Section 1337.16 | Duties of health care providers.
...ith the instructions of an attorney in fact under a durable power of attorney for health care on the basis of a matter of conscience or on another basis. An employee or agent of an attending physician of a principal or of a health care facility in which a principal is confined may refuse to comply with the instructions of an attorney in fact under a durable power of attorney for health care on the basis of a matter o... |
Section 1337.17 | Printed form - durable power of attorney for health care.
...principal may authorize an attorney in fact to make health care decisions on the principal's behalf, but the printed form shall not be used as an instrument for granting authority for any other decisions. Any printed form that is sold or otherwise distributed in this state for the purpose described in this section shall include the following notice: "Notice to Adult Executing This Document This is an important lega... |
Section 1337.21 | Short title.
... cited as the uniform power of attorney act. |
Section 1337.22 | Definitions.
...nt" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. "Agent" includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated. (B) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity. (C) "Electronic" means relating to techno... |
Section 1337.23 | Applicability.
...editor in connection with a credit transaction; (B) A power to make health-care decisions; (C) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (D) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. |