Ohio Revised Code Search
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Section 1309.309 | Security interest perfected upon attachment - UCC 9-309.
...The following security interests are perfected when they attach: (A) A purchase money security interest in consumer goods, except as otherwise provided in division (B) of section 1309.311 of the Revised Code with respect to consumer goods that are subject to a statute or treaty described in division (A) of section 1309.311 of the Revised Code; (B) An assignment of accounts or payment intangibles that does not by it... |
Section 1309.311 | Perfection of security interests in property subject to certain statutes, regulations, and treaties - UCC 9-311.
...(A) Except as otherwise provided in division (D) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: (1) A statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt division (A) of section 1309.31... |
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 1309.318 | 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 1309.321 | 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 1309.325 | 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 1309.331 | 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 1309.336 | 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 1309.339 | Priority subject to subordination - UCC 9-339.
...Nothing in this chapter precludes subordination by agreement by any person entitled to priority. |
Section 1309.342 | Bank's right to refuse to enter into or disclose existence of control agreement - UCC 9-342.
...This chapter does not require a bank to enter into an agreement of the kind described in division (A)(2) of section 1309.104 of the Revised Code, even if its customer so requests or directs. A bank that has entered into an agreement of the kind described in division (A)(2) of that section is not required to confirm the existence of the agreement to another person unless requested to do so by its customer. |
Section 1309.403 | Agreement not to assert defenses against assignee - UCC 9-403.
...(A) As used in this section, "value" has the same meaning as in division (A) of section 1303.33 of the Revised Code. (B) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment: (1) For value; (2) In good fai... |
Section 1309.404 | Rights acquired by assignee - claims and defenses against assignee - UCC 9-404.
...(A) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to divisions (B) to (E) of this section, the rights of an assignee are subject to: (1) All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and (2) Any other defense or claim of the account debto... |
Section 1309.405 | Modification of assigned contract - UCC 9-405.
...(A) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This division is subject to divisions (B) to (D) of this section. (B) Division (A) of this section applies ... |
Section 1309.406 | Discharge of account debtor - UCC 9-406.
...(A) Subject to divisions (B) to (I) of this section, an account debtor on an account, chattel paper, or payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the no... |
Section 1309.407 | Restriction on creation or enforcement of security interest in leasehold interest or in lessor's residual interest - UCC 9-407.
...(A) Except as otherwise provided in division (B) of this section, a term in a lease agreement is not effective to the extent that it: (1) Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the go... |
Section 1309.501 | Filing office - UCC 9-501.
...(A) Except as provided in division (B) of this section, if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) The office designated for the filing or recording of a record of a mortgage on the related real property, if: (a) The collateral is as-extracted collateral... |
Section 1309.504 | Indication of collateral - UCC 9-504.
...A financing statement sufficiently indicates the collateral that it covers if the financing statement provides: (A) A description of the collateral pursuant to section 1309.108 of the Revised Code; or (B) An indication that the financing statement covers all assets or all personal property. |
Section 1309.506 | Effect of errors or omissions - UCC 9-506.
...(A) A financing statement that substantially satisfies the requirements of sections 1309.501 to 1309.527 of the Revised Code is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. (B) Except as otherwise provided in division (C) of this section, a financing statement that fails sufficiently to provide the name of the debtor in accord... |
Section 1309.508 | Effectiveness of financing statement if new debtor becomes bound by security agreement - UCC 9-508.
...(A) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral. (B) If the difference between the name of the original debtor and that of the new de... |
Section 1309.515 | Duration and effectiveness of financing statement - effect of lapsed financing statement - UCC 9-515.
...(A) Except as otherwise provided in divisions (B), (E), (F), and (G) of this section, a filed financing statement is effective for a period of five years after the date of filing. (B) Except as otherwise provided in divisions (E), (F), and (G) of this section, an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thir... |
Section 1309.517 | Effect of indexing errors - UCC 9-517.
...The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. |
Section 1309.520 | Acceptance and refusal to accept record - UCC 9-520.
...(A) A filing office shall refuse to accept a record for filing for a reason specified in division (B) of section 1309.516 of the Revised Code and may refuse to accept a record for filing only for a reason specified in that division. However, the secretary of state's office shall redact social security and employer identification numbers from filings posted on its web site. (B) If a filing office refuses to accept a ... |