Ohio Revised Code Search
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Section 1336.01 | Ohio uniform fraudulent transfer act definitions.
...tionship within the third degree. (L) "Transfer" means every direct or indirect, absolute or conditional, and voluntary or involuntary method of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. (M) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by lega... |
Section 1336.02 | Insolvent debtor.
..." do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors, or that has been transferred in a manner making the transfer fraudulent under section 1336.04 or 1336.05 of the Revised Code. (2) "Debts" do not include an obligation to the extent that it is secured by a valid lien on property of the debtor not included as an asset. |
Section 1336.03 | Giving value.
...(A) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person. (B) For the purposes of division (A)(2) of section 1336.04 and division ... |
Section 1336.04 | Transfer made or obligation incurred fraudulent as to creditor.
...(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor, whether the claim of the creditor arose before, or within a reasonable time not to exceed four years after, the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation in either of the following ways: (1) With actual intent to hinder, delay, or defraud any creditor of ... |
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.
...the purposes of this chapter: (A)(1) A transfer is made if either of the following applies: (a) With respect to an asset that is real property other than a fixture, but including the interest 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 perfect... |
Section 1336.07 | Remedies of creditor.
...n 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 the cr... |
Section 1336.08 | Bona fide transfers - voidable transfers.
...of the following: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; (2) Enforcement of a security interest in compliance with section sections 1309.601 to 1309.604 of the Revised Code. (E) A transfer is not fraudulent under division (B) of section 1336.05 of the Revised Code as follows: (1) To the extent the insider gave new value to or for t... |
Section 1336.09 | Statute of limitations.
...A claim for relief with respect to a transfer or an obligation that is fraudulent under section 1336.04 or 1336.05 of the 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... |
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.
...be cited as the Ohio uniform fraudulent transfer act. |
Section 1351.01 | Lease-purchase agreement definitions.
..., or assists, directly or indirectly, a lease-purchase agreement. (B) "Cash price" means the price at which a lessor in the ordinary course of business would offer the property that is the subject of a lease-purchase agreement to the lessee for cash on the date of the lease-purchase agreement. It may include sales taxes. (C) "Lessee" means an individual who leases personal property pursuant to a lease-purchase ... |
Section 1351.02 | Disclosures required in connection with lease-purchase agreement.
...p of the property, the warranty will be transferred to the lessee; (13) That the lessee is not required to purchase insurance for the property that is the subject of the lease from the lessor or from any insurer owned or controlled by the lessor; (14) A notice in a prominent place in at least twelve-point type or in legible print with letters at least one-eighth inch in size, in substantially the following form: "... |
Section 1351.03 | Provisions prohibited in lease-purchase agreement.
...(A) A lease-purchase agreement shall not contain a provision that requires a lessee to do any of the following: (1) Execute a warrant of attorney to confess judgment; (2) Authorize the lessor or an agent of the lessor to commit a breach of the peace in the repossession of property that is the subject of the lease-purchase agreement; (3) Waive a defense, counterclaim, or any right the lessee has against the lessor ... |
Section 1351.04 | Terms that may not be required.
...r for property that is the subject of a lease-purchase agreement; (B) Any payment in addition to the number of lease payments specified in the lease-purchase agreement other than the payment described in division (B) of section 1351.06 of the Revised Code, that is required in order for the lessee to acquire ownership of the leased property; (C) Lease payments that in the aggregate exceed the maximum permissible amo... |
Section 1351.05 | Reinstatement of agreement after default.
...(A) A lessee who fails to make timely lease payments has the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement within three lease terms after the expiration of the last lease term for which the lessee made a timely payment if the lessee surrenders the leased property to the lessor when the lessor or its agent requests h... |
Section 1351.06 | Acquiring ownership when 50% of payments equals cash price.
...(A) No lessor shall offer a lease-purchase agreement in which fifty per cent of all lease payments necessary to acquire ownership of the leased property exceed the cash price of the leased property. When fifty per cent of all lease payments made by a lessee equals the cash price of the property disclosed to the lessee pursuant to division (A)(11) of section 1351.02 of the Revised Code, the lessee shall acquire owners... |
Section 1351.07 | Advertisements - mandatory information to be supplied.
...(A) No advertisement for a lease-purchase agreement shall state that a lease of any specific property is available at specific amounts or on specific terms unless the lessor will lease the property at those amounts or on those terms. (B) No advertisement shall state that a payment or a lease payment is due upon origination of a lease without disclosing all of the following: (1) The payment due upon origination ... |
Section 1351.08 | Liability of lessor for noncompliance.
...ments of this chapter with respect to a lease-purchase agreement is liable to the lessee in an amount equal to the sum of the following: (1) The costs of the action and reasonable attorney's fees as determined by the court; (2) The greater of the following: (a) The actual damages sustained by the lessee as a result of the failure of the lessor; (b)(i) In the case of an individual action, twenty-five per cent of t... |
Section 1351.09 | Limits on lessor's liability.
...(A) A lessor is not liable under section 1351.08 of the Revised Code for any violation of the requirements of this chapter if, within sixty days after discovering an error, and before an action for damages is filed against him pursuant to section 1351.08 of the Revised Code or written notice of the error is received from the lessee, the lessor notifies the lessee of the error and makes adjustments to the account of t... |
Section 1709.01 | Uniform transfer-on-death security registration act definitions.
...uncertificated security, to initiate or transfer an account showing ownership of that security. (H) "Registering entity" means a person who originates or transfers a security title by registration and includes, but is not limited to, a financial institution maintaining security accounts for customers, a securities dealer or broker maintaining security accounts for customers, and a transfer agent or other person acti... |
Section 1709.02 | Obtaining registration in beneficiary form.
...Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with a right of survivorship, rather than ownership as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with a right of survivorship and not as tenants in common. |
Section 1709.03 | Reciprocity.
...d, the state in which the office of the transfer agent or the office making the registration is located, or the state listed as the address of the owner at the time of registration. A registration governed by the laws of a jurisdiction in which a law similar to sections 1709.01 to 1709.11 of the Revised Code is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed ... |
Section 1709.04 | When security is registered in beneficiary form.
...A security, whether evidenced by a certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership of the security at the time of the death of the owner or the deaths of all multiple owners. |
Section 1709.05 | Using transfer-on-death or TOD.
...ficiary form may be shown by the words "transfer-on-death" or the abbreviation "TOD," after the name of the registered owner and before the name of a beneficiary. |