Ohio Revised Code Search
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Section 1309.315 | Secured party's rights on disposition of collateral and in proceeds - UCC 9-315.
...(A) Except as otherwise provided in this chapter and in division (B) of section 1302.44 of the Revised Code: (1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and (2) A security interest attaches to any identifiabl... |
Section 1309.316 | Continued perfection of security interest following change in governing law - UCC 9-316.
...(A) A security interest perfected pursuant to the law of the jurisdiction designated in division (A) of section 1309.301 or division (C) of section 1309.305 of the Revised Code remains perfected until the earliest of: (1) The time perfection would have ceased under the law of that jurisdiction; (2) The expiration of four months after a change of the debtor's location to another jurisdiction; or (3) The expir... |
Section 1309.317 | Interests that take priority over or take free of unperfected security interest or agricultural lien - UCC 9-317.
...(A) A security interest or agricultural lien is subordinate to the rights of: (1) A person entitled to priority under section 1309.322 of the Revised Code; and (2) Except as otherwise provided in division (E) of this section, a person who becomes a lien creditor before the earlier of the time: (a) The security interest or agricultural lien is perfected; or (b) One of the conditions specified in division (B)... |
Section 1309.318 | No interest retained in right to payment that is sold - rights and title of seller of account or chattel paper with respect to creditors and purchasers - UCC 9-318.
...(A) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold. (B) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper while the buyer's security interest is unperfected, the debtor is deemed to have ri... |
Section 1309.319 | Rights and title of consignee with respect to creditors and purchasers - UCC 9-319.
...(A) Except as otherwise provided in division (B) of this section, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer. (B) For purposes of determining the rights of a creditor of a c... |
Section 1309.320 | Buyer of goods - UCC 9-320.
...(A) Except as otherwise provided in division (E) of this section, a buyer in the ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller even if the security interest is perfected and the buyer knows of its existence. (B) Except as otherwise provided in division (E) of this section, a buyer of g... |
Section 1309.321 | Licensee of general intangible and lessee of goods in ordinary course of business - UCC 9-321.
...(A) As used in this section, "licensee in the ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course of business from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in the ordinary course ... |
Section 1309.322 | Priorities among conflicting security interests in and agricultural liens on same collateral - UCC 9-322.
...(A) Except as otherwise provided in this section, priority between conflicting security interests and agricultural liens in the same collateral shall be determined according to the following rules: (1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or... |
Section 1309.323 | Future advances - UCC 9-323.
...(A) Except as otherwise provided in division (C) of this section, for purposes of determining the priority of a perfected security interest under division (A)(1) of section 1309.322 of the Revised Code, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that: (1) Is made while the security interest is perfected only: (a) Under secti... |
Section 1309.324 | Priority of purchase-money security interests - UCC 9-324.
...(A) Except as otherwise provided in division (G) of this section, a perfected purchase money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in section 1309.327 of the Revised Code, a perfected security interest in its identifiable proceeds also has priority, if the purchase money security interest is p... |
Section 1309.325 | Priority of security interests in transferred collateral - UCC 9-325.
...(A) Except as otherwise provided in division (B) of this section, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if: (1) The debtor acquired the collateral subject to the security interest created by the other person; (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and (3) Th... |
Section 1309.326 | Priority of security interests created by new debtor - UCC 9-326.
...(A) Subject to division (B) of this section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of division (I)(1) of section 1309.316 of the Revised Code or section 1309.508 of the Revised Code is subordinate to a... |
Section 1309.327 | Priority of security interests in deposit account - UCC 9-327.
...The following rules govern priority among conflicting security interests in the same deposit account: (A) A security interest held by a secured party having control of the deposit account under section 1309.104 of the Revised Code has priority over a conflicting security interest held by a secured party that does not have control. (B) Except as otherwise provided in divisions (C) and (D) of this section, security i... |
Section 1309.328 | Priority of security interests in investment property - UCC 9-328.
...The following rules govern priority among conflicting security interests in the same investment property: (A) A security interest held by a secured party having control of investment property under section 1309.106 of the Revised Code has priority of a security interest held by a secured party that does not have control of the investment property. (B) Except as otherwise provided in divisions (C) and (D) of this se... |
Section 1309.329 | Priority of security interests in letter-of-credit right - UCC 9-329.
...The following govern priority among conflicting security interests in the same letter-of-credit right: (A) A security interest held by a secured party having control of the letter-of-credit right under section 1309.107 of the Revised Code has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control. (B) Security interests perfected by control unde... |
Section 1309.330 | Priority of purchases of chattel paper or instrument - UCC 9-330.
...(A) A purchaser of chattel paper has priority over a security interest in the chattel paper that is claimed merely as proceeds of inventory subject to a security interest if: (1) In good faith and in the ordinary course of the purchaser's business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under section 1309.105 of the Revised Code; and (2) The c... |
Section 1309.331 | Priority of rights of purchasers of instruments, documents, and securities under other chapters - priority of interests in financial assets and security entitlements under Chapter 1308 - UCC 9-331.
...(A) This chapter does not limit the rights of a holder in due course of a negotiable instrument, as defined in section 1303.32 of the Revised Code, or a holder to whom a negotiable document of title has been duly negotiated under section 1307.501 of the Revised Code, or a protected purchaser of a security under section 1308.17 of the Revised Code. These holders or purchasers take priority over an earlier securi... |
Section 1309.332 | Transfer of money - transfer of funds from deposit account - UCC 9-332.
...(A) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party. (B) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party. |
Section 1309.333 | Priority of certain liens arising by operation of law - UCC 9-333.
...(A) As used in this section, "possessory lien" means an interest, other than a security interest or an agricultural lien: (1) That secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business; (2) That is created by statute or rule of law in favor of the person; and (3) Whose effectiveness depends on the person... |
Section 1309.334 | Priority of security interests in fixtures and crops - UCC 9-334.
...(A) A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this chapter in ordinary building materials incorporated into an improvement on land. (B) This chapter does not prevent creation of an encumbrance upon fixtures pursuant to real property law. (C) In cases not governed by divisions (D) to (... |
Section 1309.335 | Accessions - UCC 9-335.
...(A) A security interest may be created in an accession and continues in collateral that becomes an accession. (B) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. (C) Except as otherwise provided in division (D) of this section, the other provisions of sections 1309.301 to 1309.342 of the Revised Code determine the priority of a... |
Section 1309.336 | Commingled goods - UCC 9-336.
...(A) As used in this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. (B) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods. (C) If collateral becomes commingled goods, a security interest atta... |
Section 1309.337 | Priority of security interests in goods covered by certificate of title - UCC 9-337.
...If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate: (A) A buyer of the goods, other than a person in the business of selling goods of that kind, takes fre... |
Section 1309.338 | Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information - UCC 9-338.
...If a security interest or agricultural lien is perfected by a filed financing statement providing information described in division (B)(5) of section 1309.516 of the Revised Code that is incorrect at the time the financing statement is filed: (A) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflic... |
Section 1309.339 | Priority subject to subordination - UCC 9-339.
...Nothing in this chapter precludes subordination by agreement by any person entitled to priority. |
Section 3119.772 | Modification of order.
...If a child support enforcement agency modifies an administrative child support order, or a court modifies a court child support order, based on an administrative review conducted pursuant to section 3119.771 of the Revised Code, the modification shall relate back to the later of the date the child support enforcement agency sent notice of the review pursuant to division (A) of section 3119.771 of the Revised Code or ... |
Section 3119.773 | Notice of date of termination of active military service.
...If the amount to be paid under a child support order is modified pursuant to an administrative review conducted pursuant to section 3119.771 of the Revised Code, the obligor shall provide written notice of the date of termination of the obligor's active military service to the child support enforcement agency administering the order not later than the last day of the month in which the service ends. |
Section 3119.79 | Recalculating amount of support by court upon request.
... being met because of inadequate health insurance coverage, the inadequate coverage shall be considered by the court as a change of circumstance that is substantial enough to require a modification of the child support order. (C) If the court determines that the amount of child support required to be paid under the child support order should be changed due to a substantial change of circumstances that was not contem... |
Section 3119.80 | Motion requesting issuance of withholding or deduction notice to pay support due.
...In any action in which support is ordered under a court child support order, the obligor or obligee under the order may file a motion with the court that issued the order requesting the issuance of one or more withholding or deduction notices under section 3121.03 of the Revised Code to pay the support due under the order. The motion may be filed at any time after the court child support order is issued. Upon the fil... |
Section 3119.81 | Ordering investigation prior to issuing certain notices.
...In proceedings involving a court child support order, the court, before the conclusion of any hearings held with respect to the proceedings, shall order the child support enforcement agency to conduct an investigation pursuant to section 3123.02 of the Revised Code if no withholding or deduction order or notice or order to seek employment, participate in a work activity, or enter into a cash bond to collect support u... |
Section 3119.82 | Designating parent entitled to claim federal income tax deduction.
...Except when including a revised amount of child support in a revised child support order as recommended pursuant to section 3119.63 of the Revised Code, whenever a court issues, or whenever a court modifies, reviews, or otherwise reconsiders a court child support order, or upon the request of any party, the court shall designate which parent may claim the children who are the subject of the court child support order ... |
Section 3119.83 | Modifying duty to pay delinquent support retroactively.
...Except as provided in section 3119.84 of the Revised Code, a court or child support enforcement agency may not retroactively modify an obligor's duty to pay a delinquent support payment. |
Section 3119.84 | Modifying payments accruing while modification proceedings are pending.
...A court with jurisdiction over a court support order may modify an obligor's duty to pay a support payment that becomes due after notice of a petition to modify the court support order has been given to each obligee and to the obligor before a final order concerning the petition for modification is entered. |
Section 3119.86 | Continuing support obligation beyond child's eighteenth birthday.
...Notwithstanding section 3109.01 of the Revised Code, both of the following apply: (A) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances: (1) Under an order issued or modified pursuant to section 3109.20 or 3119.11 of the Revised Code for a child who is mentally or physically disabled and is in... |
Section 3119.861 | Support orders after a child's nineteenth birthday.
...A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1) or (2) of section 3119.86 of the Revised Code for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen. |
Section 3119.862 | Support orders may not continue beyond an agreed-upon date in a separation agreement.
...Except as provided in division (A)(1) of section 3119.86 of the Revised Code, if a court incorporates a separation agreement described in division (A)(2) of section 3119.86 of the Revised Code into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate. |
Section 3119.863 | Parent must pay support order until termination.
...A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates. |
Section 3119.87 | Notifying agency of reason why support order should terminate.
...The parent who is the residential parent and legal custodian of a child for whom a child support order is issued or the person who otherwise has custody of a child for whom a child support order is issued immediately shall notify, and the obligor under a child support order may notify, the child support enforcement agency administering the child support order of any reason for which the child support order should ter... |
Section 3119.88 | Reasons for which child support order should terminate.
...(A) Reasons for which a child support order should terminate through the administrative process under section 3119.89 of the Revised Code include all of the following: (1) The child attains the age of majority if the child no longer attends an accredited high school on a full-time basis and the child support order requires support to continue past the age of majority only if the child continuously attends such a hi... |
Section 3119.89 | Investigating termination.
...(A) Upon receipt of a notice pursuant to section 3119.87 of the Revised Code, the child support enforcement agency administering a child support order, within twenty days after receipt of the notice, shall complete an investigation if an application for services under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended has been completed and filed. The agency administering a child... |
Section 3119.90 | Agency determination that support order should terminate.
...(A) If, pursuant to an investigation conducted under section 3119.89 of the Revised Code, the child support enforcement agency determines both that a child support order should terminate and that child support amounts paid pursuant to the order should be impounded because continuation of receipt and disbursement would lead to an overpayment by the obligor, the agency shall do the following: (1) With respect to a cou... |
Section 3119.91 | Requesting administrative hearing on termination investigation conclusions.
...If an obligor or obligee under a child support order timely requests an administrative hearing pursuant to section 3119.90 of the Revised Code, the child support enforcement agency shall schedule a hearing on the issue, give the parties notice of the date, time, and location of the hearing, and conduct the hearing. On completion of the hearing, the child support enforcement agency shall issue a decision. The decision... |
Section 3119.92 | Court hearing on termination of support.
...If the obligor, the obligee, or both file a motion as described in section 3119.91 of the Revised Code within the fourteen-day period, the court shall set the case for a hearing for a determination as to whether the support order should be terminated or whether the court should take any other appropriate action. On the filing of the motion, the court shall issue an order directing that the impoundment order issued by... |
Section 3119.93 | Terminating withholding or deduction notice or other order.
...The termination of a child support order by a court or agency also terminates any applicable withholding or deduction notice or other order issued under section 3121.03 of the Revised Code. With respect to a court child support order, on the termination of any withholding or deduction notice, the court immediately shall notify the appropriate child support enforcement agency that the order or notice has been terminat... |
Section 3119.94 | Administrative rules concerning impounded funds, return of payments, uniform implementation.
...(A) The director of job and family services shall adopt rules that provide for all of the following: (1) The payment to the appropriate person of any funds that a court or child support enforcement agency has impounded under section 3119.90 or 3119.92 of the Revised Code; (2) The return to the appropriate person of any other payments made pursuant to a child support order if the payments were made at any time after... |
Section 3119.95 | Health care coverage included in caretaker support order.
...A child support order subject to sections 3119.951 to 3119.9541 of the Revised Code shall include the health care coverage and cash medical support required for the child subject to the order. |
Section 3119.951 | Caretaker filing for child support.
...The caretaker of a child may file an application for Title IV-D services with the child support enforcement agency in the county in which the caretaker resides to obtain support for the care of the child. |
Section 3119.953 | Determination of existing support order.
...(A) On receipt of an application for Title IV-D services from the caretaker of a child under section 3119.951 of the Revised Code, or a Title IV-D services referral regarding the child, the child support enforcement agency shall determine whether the child is the subject of an existing child support order. (B) If the child is the subject of an existing child support order, the agency shall comply with sections 311... |
Section 3119.955 | Redirection of existing support order.
...(A) If a child support enforcement agency determines under section 3119.953 of the Revised Code that there is an existing child support order regarding the child in the care of a caretaker, the agency shall determine if any reason exists for which the child support order should be redirected to the caretaker. If the agency determines that the caretaker is the primary caregiver of the child, the agency shall determine... |
Section 3119.957 | Determination of redirection amount.
...If the child support enforcement agency determines under section 3119.955 of the Revised Code that more than one child is the subject of a child support order and the order for fewer than all of the children should be redirected, the agency shall determine the amount of child support to be redirected, which amount shall equal the pro rata share of the child support amounts for each such child under the child support ... |