Ohio Revised Code Search
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Section 109.23 | Charitable trust defined.
...3 of the Revised Code: (A) "Charitable trust" means any fiduciary relationship with respect to property arising under the law of this state or of another jurisdiction as a result of a manifestation of intention to create it, and subjecting the person by whom the property is held to fiduciary duties to deal with the property within this state for any charitable, religious, or educational purpose. (B) "Charitable tru... |
Section 109.232 | Amendment of governing instrument of trust.
...(A) The governing instrument of a trust described in division (A) of section 109.231 of the Revised Code may be amended to permit the trust to acquire the characteristics of a trust described in section 664 (D)(1) or (2) of the internal revenue code of 1954, or to conform to the requirements of, or to obtain benefits available under, section 507, 508, or 509 of the internal revenue code of 1954. Such amendment may be... |
Section 109.25 | Attorney general is necessary party to charitable trust proceedings.
...hich is to: (A) Terminate a charitable trust or distribute assets; (B) Depart from the objects or purposes of a charitable trust as the same are set forth in the instrument creating the trust, including any proceeding for the application of the doctrine of cy pres or deviation; (C) Construe the provisions of an instrument with respect to a charitable trust; (D) Determine the validity of a will having provisions f... |
Section 1112.22 | Examination of records and affairs.
...eighteen months after a licensed family trust company receives its initial license under this chapter, and as often thereafter as the superintendent of financial institutions considers necessary, but at least once each thirty-six-month cycle, the superintendent, or any deputy or examiner appointed by the superintendent for that purpose, shall thoroughly examine the records and affairs of the licensed family trust com... |
Section 1121.06 | Reducing disadvantage to Ohio bank or trust company.
...te of the United States, puts a bank or trust company doing business under authority granted by the superintendent of financial institutions at a disadvantage to any other type of financial institution, the superintendent may adopt a rule that reduces or eliminates the disadvantage to a bank or trust company doing business under authority granted by the superintendent. (B) The superintendent shall adopt rules author... |
Section 1706.01 | Limited liability company definitions.
...iation, nonprofit corporation, business trust, real estate investment trust, common law trust, statutory trust, cooperative association, or any similar organization that has a governing statute, in each case, whether foreign or domestic. (L) "Foreign limited liability company" means an entity that is all of the following: (1) An unincorporated association; (2) Organized under the laws of a state other than this... |
Section 1746.08 | Trustees' qualifications and liabilities.
...(A) Any individual or entity may be a trustee of a business trust; any trustee may own shares, including all of the shares, of the business trust. (B) Unless otherwise set forth in the trust instrument, and notwithstanding section 1746.13 of the Revised Code, a trustee of a business trust that has made the filings described in section 1746.04 of the Revised Code shall be liable to the business trust, its shareholder... |
Section 2109.21 | Residence qualifications of fiduciary.
... qualify for appointment as executor or trustee, an executor or a trustee named in a will or nominated in accordance with any power of nomination conferred in a will, may be a resident of this state or, as provided in this division, a nonresident of this state. To qualify for appointment, a nonresident executor or trustee named in, or nominated pursuant to, a will shall be one of the following: (i) An individual w... |
Section 2109.372 | Holding cash or making temporary investments.
...sed in this section: (1) "Short term trust-quality investment fund" means a short term investment fund that meets both of the following conditions: (a) The fund may be either a collective investment fund established in accordance with section 1111.14 of the Revised Code or a registered investment company, including any affiliated investment company whether or not the fiduciary has invested other funds held by i... |
Section 2113.81 | Holding money and property in trust for safe keeping for nonresidents of United States.
...r a distributee, or a beneficiary of a trust not residing within the United States or its territories will not have the benefit, use, or control of the money or other property due the legatee or distributee from the estate or due the beneficiary from the trust, because of circumstances prevailing at the place of residence of the legatee or distributee, or the beneficiary of the trust, the probate court may dir... |
Section 3737.942 | Securing revenue bonds.
...90 to 3737.948 of the Revised Code by a trust agreement between the board and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. (B) Any trust agreement may: (1) Pledge or assign revenues of the board to be received; (2) Set forth the rights and remedies of the bondholders and of the trustee and restrict the individual right of acti... |
Section 3917.01 | Group life insurance definitions.
...policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to all of the following requirements: (1) All of the employees of the employer, or all of any class or classes of employees, are eligible for life insurance. The policy may p... |
Section 4123.931 | Statutory subrogee subrogated to rights of claimant against third party.
...imant may establish an interest-bearing trust account for the full amount of the subrogation interest that represents estimated future payments of compensation, medical benefits, rehabilitation costs, or death benefits, reduced to present value, from which the claimant shall make reimbursement payments to the statutory subrogee for the future payments of compensation, medical benefits, rehabilitation costs, or death ... |
Section 4582.56 | Agreements for lakeshore improvement projects.
...he lien. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the port authority's records. Whether or not the bonds are of such form and character as to be negotiable instruments under Title XIII of the Revised Code, the bonds shall have all the qualities and incidents of negotiable instruments, subject only to their provisions for registration, if any. ... |
Section 4981.17 | Securing bonds by trust agreement or indenture of mortgage.
...mmission, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. (B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinance authorizing the issuance of the bond... |
Section 5119.46 | Department of mental health and addiction services trust fund.
...of mental health and addiction services trust fund. Not later than the first day of September of each year, the director of mental health and addiction services shall certify to the director of budget and management the amount of all of the unexpended, unencumbered balances of general revenue fund appropriations made to the department of mental health and addiction services for the previous fiscal year, excludi... |
Section 5747.08 | Filing income tax return.
...s or notices required of an estate or a trust shall be made and filed by the fiduciary of the estate or trust. (D)(1)(a) Except as otherwise provided in division (D)(1)(b) of this section, any pass-through entity may file a single return on behalf of one or more of the entity's investors other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code. The single return ... |
Section 5801.07 | Connection with designated jurisdiction - transfer.
...designated jurisdiction, the terms of a trust designating the principal place of administration of the trust are valid and controlling if a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction or if all or part of the administration occurs in the designated jurisdiction. (B) A trustee is under a continuing duty to administer the trust at a place appropriate to... |
Section 5802.02 | Personal jurisdiction over trustee and beneficiaries.
...(A) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. (B) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in th... |
Section 5804.09 | Trust created for noncharitable purpose.
...her section of the Revised Code: (A) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. A trust created for a noncharitable purpose may not be enforced for more than twenty-one years. (B) A trust authorized by this section may be enforced by a person appointed in the terms of ... |
Section 5804.10 | Termination of trust by revocation or by terms.
...04.11 to 5804.14 of the Revised Code, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, a court determines that no purpose of the trust remains to be achieved, or a court determines that the purposes of the trust have become unlawful or impossible to achieve. (B) A trustee or beneficiary may commence a proceeding to approve or disapprove a proposed modification or termination un... |
Section 5808.08 | Direction of settlor contrary to terms - power of modification.
...(A) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust. (B) As provided in section 5815.25 of the Revised Code, a trustee is not liable for losses resulting from certain actions or failures to act when other persons are granted certain powers with respect to the administration of the trust. (C) The terms of a trust may confer upon a trustee... |
Section 5808.17 | Powers and duties of trustee on termination; protection from liability.
...ermination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for object... |
Section 5815.31 | Termination of marriage revokes any trust provision conferring a beneficial interest or a power or nomination.
...Unless the trust or separation agreement provides otherwise, if, after executing a trust in which the grantor reserves to self a power to alter, amend, revoke, or terminate the provisions of the trust, a grantor is divorced, obtains a dissolution of marriage, has the grantor's marriage annulled, or, upon actual separation from the grantor's spouse, enters into a separation agreement pursuant to which the partie... |
Section 5816.08 | Avoidance of qualified dispositions.
...ebt shall remain subject to the legacy trust in question. (2) All other qualified dispositions to any trustee of the legacy trust in question, including, but not limited to, any qualified disposition of a partial, co-ownership, or undivided interest in property by a transferor other than the transferor whose qualified disposition is avoided, together with the legacy trust itself, shall remain valid and effecti... |
Section 5817.03 | Action by settlor.
... the settlor's death that the settlor's trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust. The right to file a complaint for a determination of the validity of a settlor's trust under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the settlor and may not be exercised by the settlor's guardian or an agent under the settl... |
Section 5817.10 | Declaration of validity.
...t. (B)(1) The court shall declare the trust valid if it finds all of the following: (a) The trust meets the requirements of section 5804.02 of the Revised Code. (b) The settlor had the legal capacity to enter into and establish the trust, was free from undue influence, and was not under restraint or duress. (c) The execution of the trust was not the result of fraud or mistake. (2) Unless the trust is modif... |
Section 6101.501 | Issuing bonds to pay costs of improvement.
...venue bonds may be further secured by a trust agreement between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may pledge or assign revenues to the payment of the principal of and interest on the bonds and reserves for the bonds, but shall not convey or mortgage any property of the district or subdistrict.... |
Section 746.05 | Fund disbursement to municipal corporation.
...mber of each year, the railway board of trustees shall certify to the municipal corporation the principal amount remaining in the trust fund, and the amount of funds that the railway board of trustees will disburse to the municipal corporation over the course of the municipal corporation's immediately following fiscal year. During the municipal corporation's immediately following fiscal year, and with such frequency ... |
Section 902.07 | Trust agreement or indenture of mortgage provisions.
...uthority, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. (B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinance authorizing the issuance of the bond... |
Section 109.24 | Investigating transactions and relationships of trustees of charitable trust.
...igate transactions and relationships of trustees of a charitable trust for the purpose of determining whether the property held for charitable, religious, or educational purposes has been and is being properly administered in accordance with fiduciary principles as established by the courts and statutes of this state. The attorney general is empowered to require the production of any books or papers which are relevan... |
Section 1111.02 | Authority to solicit or engage in trust business.
...n, no person shall solicit or engage in trust business in this state except a corporation that is one of the following: (1) A corporation licensed under section 1111.06 of the Revised Code that is one of the following: (a) A state bank; (b) A bank authorized to accept and execute trusts and doing business under authority granted by the bank chartering authority of another state or country; (c) A corporation organ... |
Section 1111.03 | Authority of national bank or federal savings association.
...f the currency may act in this state as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, or in any other fiduciary capacity in which trust companies qualified and licensed under section 1111.06 of the Revised Code are authorized to act in this state. For such purpose, a national bank or federal savings association shall have the same powers and rights, includin... |
Section 1121.05 | Granting rights to financial institutions.
...s shall, by rule, grant state banks and trust companies doing business under authority granted by the superintendent any right, power, privilege, or benefit possessed, by virtue of statute, rule, regulation, interpretation, or judicial decision, by any of the following: (1) Banks and trust companies doing business under authority granted by the office of the comptroller of the currency or the bank regulatory authori... |
Section 1121.11 | Alternate, joint or concurrent examinations.
...of the records and affairs of banks and trust companies over which they have concurrent jurisdiction; (b) Joint or concurrent examinations of the records and affairs of banks and trust companies over which they have concurrent jurisdiction; (c) Coordinated examinations of the records and affairs of banks and trust companies over which they have collective jurisdiction. (2) Conduct, participate in, or coordinate in... |
Section 1121.15 | Maintaining books and accounts.
..., performs services for a state bank or trust company or a representative office, agency, or branch licensed under Chapter 1119. of the Revised Code, whether on or off the premises of the bank, trust company, representative office, agency, or branch, is subject to examination by the superintendent as to the books and records of the bank, trust company, representative office, agency, or branch in the person's possessi... |
Section 154.24 | Additional definitions; issuance of obligations; leasing facilities.
... administrative facilities bond service trust fund, the adult correctional facilities bond service trust fund, the juvenile correctional facilities bond service trust fund, the transportation facilities bond service trust fund, and the public safety bond service trust fund. All money received by or on account of the issuing authority or the commission and required by the applicable bond proceedings to be deposi... |
Section 165.05 | Securing bonds.
...uthority, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. (B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinance authorizing the issuance of the bonds... |
Section 169.05 | Unclaimed funds trust fund.
...ry to the credit of the unclaimed funds trust fund, which is hereby created, or placed with a financial organization. Any interest earned on money in the trust fund shall be credited to the trust fund. The remainder of the aggregate amount of unclaimed funds as shown on the report, plus earnings accrued to date of payment to the director, shall, at the option of the director, be retained by the holder or paid to the ... |
Section 1747.11 | Forfeiture for transacting business without authority.
...(A) Any real estate investment trust that transacts real estate business in this state without authority shall forfeit not less that one thousand dollars nor more than ten thousand dollars. Such forfeiture shall be recovered in an action in the name of the state brought in the court of common pleas of Franklin county, or in the court of common pleas of any county in which the trust has transacted real estate business... |
Section 2101.24 | Jurisdiction of probate court.
...ardians, conservators, and testamentary trustees, direct and control their conduct, and settle their accounts; (f) To grant marriage licenses; (g) To make inquests respecting persons who are so mentally impaired as a result of a mental or physical illness or disability, as a result of intellectual disability, or as a result of chronic substance abuse, that they are unable to manage their property and affairs effe... |
Section 2106.01 | Election by surviving spouse.
...disposition by a will to an inter vivos trust that was created by the testator, if under the terms of the trust the surviving spouse is entitled to any interest in the trust or is granted any power or nomination with respect to the trust, and if the surviving spouse makes an election to take under section 2105.06 of the Revised Code, then, unless the trust instrument provides otherwise, the surviving spouse is ... |
Section 2107.05 | Incorporation by reference.
... this section, if a will incorporates a trust instrument only in the event that a bequest or devise to the trust is ineffective, the trust instrument shall be deposited in the probate court not later than thirty days after the final determination that such bequest or devise is ineffective. (C) If a testator intends to incorporate a trust instrument in a will, the testator's will shall manifest that intent through th... |
Section 2107.63 | Real or personal property devised, bequeathed or appointed to trustee of existing trust.
...erest in real or personal property to a trustee of a trust that is evidenced by a written instrument signed by the testator or any other settlor either before or on the same date of the execution of the will of the testator, that is identified in the will, and that has been signed, or is signed at any time after the execution of the testator's will, by the trustee or trustees identified in the will or their successor... |
Section 2109.69 | Application of trust code provisions to testamentary trusts.
... the Revised Code apply to testamentary trusts except to the extent that any provision of those chapters conflicts with any provision of Chapter 2109. of the Revised Code, or with any other provision of the Revised Code, that applies specifically to testamentary trusts and except to the extent that any provision of Chapters 5801. to 5811. of the Revised Code is clearly inapplicable to testamentary trusts. (B) Sectio... |
Section 2981.13 | Sale of forfeited property - application of proceeds - forfeiture funds.
...hundred per cent to the law enforcement trust fund of the prosecutor and to the following fund supporting the law enforcement agency that substantially conducted the investigation: (i) The law enforcement trust fund of the county sheriff, municipal corporation, township, or park district created under section 511.18 or 1545.01 of the Revised Code; (ii) The state highway patrol contraband, forfeiture, and other fu... |
Section 307.671 | Cooperative agreement for sales tax levy and bond issuance for port authority educational and cultural facility.
... deposited with and administered by the trustee pursuant to the trust agreement provided for in division (C) of this section. (c) Following the issuance, sale, and delivery of the port authority revenue bonds provided for in division (B)(2)(a) of this section, and prior to the date certain stated in the cooperative agreement which shall be the date estimated for the completion of construction of the port authority ... |
Section 307.674 | Cooperative agreement for sales tax levy and bond issuance for educational and cultural performing arts facilities.
... deposited with and administered by the trustee pursuant to the trust agreement authorized in division (C) of this section. (4) The corporation may agree to do any or all of the following: (a) Lease the port authority educational and cultural performing arts facility from the port authority; (b) Operate and maintain the port authority educational and cultural performing arts facility pursuant to the lease; (c... |
Section 307.695 | Agreement for sales tax levy and bond issuance to construct and equip a convention center.
...h bonds and notes shall be secured by a trust agreement between the bureau or other issuer acting for the benefit of the bureau and a corporate trustee that is a trust company or bank having the powers of a trust company within or without the state, and the trust agreement shall pledge or assign to the retirement of the bonds or notes, all moneys paid by the county under this section. A tax the revenues from which ar... |
Section 3109.17 | Biennial state plan for comprehensive child abuse and child neglect prevention.
...(A) The children's trust fund board shall establish a strategic plan for child abuse and child neglect prevention. The plan shall be transmitted to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives and shall be made available to the general public. (B) In developing and carrying out the strategic plan, the children's trust fund board ... |
Section 3315.40 | Board may establish education foundation fund.
... majority of its members, may accept a trust created under section 3315.41 of the Revised Code for the investment of money in the educational foundation fund and direct the school district or service center treasurer to pay to the trustee, the initial trust principal contemplated by the instrument creating the trust. A board that has accepted a trust created under section 3315.41 of the Revised Code may do any... |
Section 3334.08 | Trust authority powers.
...erred by this chapter, the Ohio tuition trust authority may do any of the following: (1) Impose reasonable residency requirements for beneficiaries of tuition units; (2) Impose reasonable limits on the number of tuition unit participants; (3) Impose and collect administrative fees and charges in connection with any transaction under this chapter; (4) Purchase insurance from insurers licensed to do business in thi... |
Section 3334.12 | Evaluation of actuarial soundness of tuition trust fund - termination - annual financial report.
... Code: (A) Annually, the Ohio tuition trust authority shall have the actuarial soundness of the Ohio tuition trust fund evaluated by a nationally recognized actuary and shall determine whether additional assets are necessary to defray the obligations of the authority. If, after the authority sets the price for tuition units, circumstances arise that the executive director determines necessitate an additional e... |
Section 3377.08 | Bonds may be secured by pledge, trust agreement or indenture of mortgage.
...mmission, the bonds may be secured by a trust agreement or indenture of mortgage between the commission and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. Any such indenture shall be filed and recorded in accordance with, and shall be governed by, section 1701.66 of the Revised Code... |
Section 3769.13 | Damaged track - permit to hold meeting elsewhere.
...(A) Any person, association, trust, or corporation owning, leasing, or operating a race track, place, or enclosure which has been damaged by fire or other cause and at which in any year such a person, association, trust, or corporation has held or conducted a horse-racing meeting under a permit issued by the state racing commission, may be issued a permit by said commission to hold or conduct a horse-racing meeting a... |
Section 3911.091 | Proceeds or avails free from claims of creditors.
...of this section. (B) An employer, or a trust that is sponsored by an employer for the benefit of its employees, has an insurable interest in each of the lives of its employees, directors, and retired employees. Notwithstanding sections 3911.09 and 3917.01 of the Revised Code, an employer or trust may insure for its own benefit the lives of its employees, directors, or retired employees, on an individual or group bas... |
Section 3925.08 | Investment of accumulated funds or surplus.
...nsurance, payable to the mortgagee or a trustee in its behalf, insuring the mortgagee against loss resulting from the failure of the mortgagor to acquire and maintain, from such an authorized insurance company, insurance in the amount required by this section; (2) Bonds or notes secured by mortgages insured by the federal housing administrator; (3) Loans to veterans guaranteed in whole or in part by the Unite... |
Section 4582.06 | Port authority powers and duties.
...ect to the terms and limitations of any trust agreement described in this section, and of any resolution authorizing bonds then outstanding. The board of directors, by resolution, may designate additional property of the port authority, the revenues of which shall be pledged and be subject to a lien for the payment of the debt charges on revenue bonds theretofore authorized by resolution of the board of directors, to... |
Section 5120.13 | Holding funds in trust for inmates.
... The department may deposit in a proper trust company or savings bank any fund left in trust during a specified life or lives, and shall adopt rules governing the deposit, transfer, withdrawal, or investment of such funds and the income thereof. Upon the expiration of any trust according to its terms, the department shall dispose of the funds or property held thereunder in the manner provided in the instrument creati... |
Section 5301.071 | Validity of instruments not affected by certain actions or omissions.
...uardian, assignee, attorney in fact, or trustee making the instrument signed or acknowledged the same individually instead of in a representative or official capacity. (E)(1) The grantor or grantee of the instrument is a trust rather than the trustee or trustees of the trust if the trust named as grantor or grantee has been duly created under the laws of the state of its existence at the time of the conveyance and ... |
Section 5711.29 | Unreasonable accumulation of profits by corporation - accumulation of trust income - assessment by commissioner.
...t stockholders on such basis. If any trust, under the terms of which the trustee is required or authorized to withhold and accumulate all or any part of the income, is created or used for the purpose of preventing the assessment of the equitable interests of the resident beneficiaries on the basis of income yield, as provided in sections 5711.01 to 5711.36 of the Revised Code, the commissioner, upon finding such t... |
Section 5733.04 | Corporation franchise tax definitions.
...or a stockholder's partnership, estate, trust, or corporation, if the stockholder and the stockholder's partnerships, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock; (iii) A corporation, or a party related to the corporation in a manner that would require an attribution of stock f... |
Section 5804.13 | Judicial action where charitable purpose frustrated.
... all of the following apply: (1) The trust does not fail in whole or in part. (2) The trust property does not revert to the settlor or the settlor's successors in interest. (3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. In accordance with sectio... |
Section 5806.03 | Control of rights of beneficiaries and duties of trustees.
...lifetime of the settlor of a revocable trust, whether or not the settlor has capacity to revoke the trust, the rights of the beneficiaries are subject to the control of the settlor, and the duties of the trustee, including the duties to inform and report under section 5808.13 of the Revised Code, are owed exclusively to the settlor. If the trustee breaches its duty during the lifetime of the settlor, any recove... |
Section 5810.02 | Liability to beneficiaries for breach - contribution.
...(A) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of the following: (1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; (2) The profit the trustee made by reason of the breach. (B) Except as otherwise provided in this division, if more than one trustee is liable to the ... |
Section 5810.05 | Limitations period for action against trustee.
...ay not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary, a representative of the beneficiary, or a beneficiary surrogate is sent a report that adequately discloses the existence of a potential claim for breach of trust and informs the beneficiary, the representative of the beneficiary, or the beneficiary surrogate of the time allowed for commencing ... |
Section 5812.19 | Distribution from trust or estate.
...A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest, and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a tr... |
Section 5812.37 | Derivatives and options.
... and financial instruments that gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets. (B) To the extent that a trustee does not account under section 5812.20 of the Revised Code for transactions in derivatives, the tru... |
Section 5812.47 | Adjustments between principal and income because of taxes.
...ng or a distribution from the estate or trust; (3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or beneficiary. (B) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purpo... |
Section 5814.06 | Responsibility of issuer, transfer agent, financial institution, broker, or life insurance company.
...ransferor or dealing with any person or trust company purporting to act as a custodian is not required to do any of the following: (A) Determine either of the following: (1) Whether the person or trust company designated by the purported donor or transferor, or the person or trust company purporting to act as a custodian, has been duly designated; (2) Whether any purchase, sale, or transfer to or by, or any other ... |
Section 5817.11 | Effect of declaration.
...(A) Unless the will or trust is modified or revoked, and except as otherwise provided in this section, no person may contest the validity of a will or trust that is declared valid in a proceeding pursuant to this chapter. (B) The failure to name a necessary defendant under division (A) of section 5817.05 of the Revised Code is not jurisdictional. A declaration of a will's validity under this chapter shall be bindin... |
Section 1109.06 | Designating on signature card deposit is in trust for another.
...on the signature card the deposit is in trust for another, and no further notice of the existence and terms of a legal and valid trust is given in writing to the bank, both of the following apply: (1) The designation on the signature card constitutes clear and convincing evidence of both of the following: (a) The depositor-trustee's intent is to create a revocable trust for the benefit of the person for whom the ac... |
Section 1111.12 | Use of trust companies by courts.
...udgment, or decree, to be placed with a trust company for safekeeping. (B) Any court in this state may appoint a trust company to act as executor, administrator, assignee, guardian, receiver, or trustee, or in any other fiduciary capacity, for any estate or property of any kind. (C) No trust company shall be required by a court to assume or execute any trust the trust company has not consented to assume or execute. |
Section 1112.04 | Powers of family trust company.
...(A)¿A family trust company may do any of the following for the benefit of family clients only: (1)¿Act as a fiduciary, including as a personal representative, within and outside this state; (2)¿Act within and outside this state as advisory agent, agent, assignee, assignee for the benefit of creditors, attorney in fact, authenticating agent, bailee, bond or indenture trustee, conservator, conversion agent, curator... |
Section 1112.08 | Issuance of license.
...e following: (a)¿A name for the family trust company that includes "family trust company" or "FTC" and that distinguishes it from any trust company licensed under Chapter 1111. of the Revised Code or any other family trust company licensed under this chapter; (b) The purpose for which it is formed, including a statement that its services will be provided only to family clients of a designated relative. (3) The ind... |
Section 1112.23 | Confidentiality.
...ther information obtained from a family trust company, including the names and addresses of the directors and officers, the names and addresses of the stockholders, family members, or other owners, capital contributions, and business affiliations; (2) Information required to be reported to, or filed with, the superintendent of financial institutions under this chapter, including the affidavit described in division (... |
Section 1121.61 | Bona fide errors.
... or printing error. (B) A state bank, trust company, or regulated person shall not be held civilly liable in any action brought under Title XI or under Chapter 1309., 1317., or 1345. of the Revised Code, and shall not be subject to any sanction by the superintendent of financial institutions, if all of the following conditions are met: (1) The bank, trust company, or person shows by a preponderance of evidence t... |
Section 124.81 | Insurance benefits.
...n agreement with a jointly administered trust fund which receives contributions pursuant to a collective bargaining agreement entered into between this state, or any of its political subdivisions, and any collective bargaining representative of the employees of this state or any political subdivision for the purpose of providing for self-insurance of all risk in the provision of fringe benefits similar to those that ... |
Section 1309.102 | Definitions and index of definitions - UCC 9-102.
... loan associations, credit unions, and trust companies. (9) "Cash proceeds" means proceeds that are money, checks, deposit accounts, or the like. (10) "Certificate of title" means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lie... |
Section 1513.08 | Filing performance bond or deposit of cash or securities.
...vided under this section may be held in trust, provided that the state is the primary beneficiary of the trust and the custodian of the performance security held in trust is a bank, trust company, or other financial institution that is licensed and operating in this state. The chief shall review the trust document and approve or disapprove the document. The chief shall notify the applicant of the chief's determinatio... |
Section 154.09 | Trust agreements.
...ations may be secured additionally by a trust agreement or indenture between the state and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. Any such agreement or indenture may contain the resolution or order authorizing the issuance of the obligations, any provisions that may be conta... |
Section 154.22 | Capital facilities for parks and recreation.
...d the parks and recreation bond service trust fund, which shall be in the custody of the treasurer of state but shall be separate and apart from and not a part of the state treasury. All moneys received by or on account of the commission or issuing authority or state agencies and required by the applicable bond proceedings to be deposited, transferred, or allocated to or received for the purposes of the trust fund sh... |
Section 1701.13 | Authority of corporation.
...uest of the corporation as a director, trustee, officer, employee, member, manager, or agent of another corporation, domestic or foreign, nonprofit or for profit, a limited liability company, or a partnership, joint venture, trust, or other enterprise, against expenses, including attorney's fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with s... |
Section 1701.49 | Voting trusts.
...ers thereof with one or more persons as trustees, or with any depositary designated by or pursuant to such agreement to act for such trustees, for the purpose and with the effect of granting to such trustees or a majority of them, or to such persons as may be designated by or pursuant to such agreement, all the voting, consenting, or other rights in respect of the shares represented by such certificates, or such of t... |
Section 1702.12 | Authority of nonprofit corporation.
...pany, or a partnership, joint venture, trust, or other enterprise, against expenses, including attorney's fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with such action, suit, or proceeding, if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the corporation, and, w... |
Section 1726.04 | Powers of corporation.
...n, joint stock company, association, or trust, or in any other manner; (B) To borrow money for any of the purposes of the corporation; to issue therefor its bonds, debentures, notes, or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust or other lien on its property, franchises, rights, and privileges of every kind and nature or any part thereof o... |
Section 1746.03 | Compliance with chapter.
...No business trust shall be authorized to transact business in this state unless it complies with section 1746.04 of the Revised Code, except that a business trust that is transacting business in this state on the effective date of this section may continue to transact business in this state without complying with this chapter and, if it makes the filings described in section 1746.04 of the Revised Code, shall be deem... |
Section 1746.12 | Shares of beneficial interest.
...(A) Unless otherwise provided in the trust instrument, shares of beneficial interest need not be evidenced by certificates. (B) For purposes of Title XIII of the Revised Code, shares of beneficial interest, however designated, in a business trust shall be treated as personal property, notwithstanding the nature of the property of which the business trust shall consist, and shall be subject to attachment and executio... |
Section 1747.12 | Violation effects.
...e failure of any real estate investment trust to be authorized to transact real estate business in this state does not affect the validity of any contract with such trust, or the validity of the title to any estate or interest in real property taken, held, or disposed of by such trust. No real estate investment trust that should have been so authorized, nor any persons on its behalf shall maintain any action in any c... |
Section 2107.33 | Revocation of will.
...y the will to the former spouse or to a trust with powers created by or available to the former spouse, any provision in the will conferring a general or special power of appointment on the former spouse, and any nomination in the will of the former spouse as executor, trustee, or guardian shall be revoked unless the will expressly provides otherwise. (C) Property prevented from passing to a former spouse or to a tr... |
Section 2107.64 | Trustee named in will as beneficiary.
...luding, but not limited to, an employee trust or annuity plan, a Keogh plan, an individual retirement account or annuity, or a retirement bond, may designate as beneficiary a trustee named by will. Upon qualification and issuance of letters of trusteeship, the proceeds of the insurance or benefit plan shall be payable to the trustee to be held and disposed of under the terms of the will as they exist as of the date o... |
Section 2109.361 | Application by beneficiary for approval of third-party distribution.
...ibution by a fiduciary of an estate or trust of the assets of that estate or trust when both of the following apply: (1) The fiduciary makes the distribution to either of the following persons: (a) The transferee of a beneficiary; (b) Any person pursuant to an agreement, request, or instruction of a beneficiary or pursuant to a legal claim against a beneficiary. (2) The distribution is the subject of an agr... |
Section 2109.43 | Personal use of trust property prohibited.
...f the funds or property belonging to a trust. For a violation of this section, the fiduciary and the fiduciary's bond shall be liable in an action for any loss occasioned by that use and for any additional amount by way of forfeiture, not exceeding the amount of the loss occasioned by the use, that may be fixed by the probate court hearing the case. Those amounts shall be payable for the benefit of the benefic... |
Section 2113.86 | Apportionment of taxes.
...use or in a provision of an inter vivos trust other than a residuary provision, shall be reapportioned to the residue of the estate or trust. It shall be charged in the same manner as a general administration expense. However, when a portion of the residue of the estate or trust is allowable as a deduction for estate tax purposes, the tax shall be reapportioned to the extent possible to the portion of the residue tha... |
Section 2131.21 | Deposit of securities held in fiduciary capacity.
... fiduciary capacity, or any state bank, trust company, or national bank, any of which is holding securities as a custodian, managing agent, or custodian for a fiduciary, is authorized to deposit or arrange for the deposit of the securities in a federal reserve bank, a clearing corporation, or a securities depository. When the securities are so deposited, certificates representing securities of the same class of the ... |
Section 306.38 | Trust agreement may secure revenue bonds.
...At the discretion of the board of trustees of a regional transit authority, the revenue bonds of the regional transit authority may be secured by a trust agreement between the board of trustees on behalf of the regional transit authority and a corporate trustee, which trustee may be any trust company or bank having powers of a trust company, within or without the state. Such trust agreement may provide for the pledg... |
Section 308.09 | Bonds secured by trust agreement.
...At the discretion of the board of trustees of a regional airport authority, the revenue bonds of the regional airport authority may be secured by a trust agreement between the board of trustees on behalf of the regional airport authority and a corporate trustee, which trustee may be any trust company or bank having powers of a trust company, within or without the state. Such trust agreement may provide for the pledg... |
Section 317.36 | Collection and amount of low- and moderate-income housing trust fund fee.
...ct the low- and moderate-income housing trust fund fee as specified in sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, 5164.56, 5310.15, 5703.93, 5719.07, 5727.56, 5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of any housing trust fund fee the recorder is authorized to collect is equal to the amount of any base fee the recorder is authorized to collect for services. The housing ... |
Section 319.63 | Payment to treasurer of housing trust fund fees.
...he county recorder collected as housing trust fund fees pursuant to section 317.36 of the Revised Code during the previous calendar quarter. If payment is made to the treasurer of state within the first thirty days of the quarter, the county auditor may retain an administrative fee of one per cent of the amount of the trust fund fees collected during the previous calendar quarter. (B) The treasurer of state shall d... |
Section 3309.51 | Payment into employers' trust fund.
... employer shall pay into the employers' trust fund, monthly or at such times as the school employees retirement board requires, an amount certified by the school employees retirement board, which shall be as required by Chapter 3309. of the Revised Code. Payments by school district boards of education to the employers' trust fund of the school employees retirement system may be made from the amounts allocated unde... |