Effective: June 29, 2011
Latest Legislation: House Bill 9 - 129th General Assembly
Notice; knowledge [UCC 1-202]
(A) Subject to division (F) of this section, a person has "notice" of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(B) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(C) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.
(D) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(E) Subject to division (F) of this section, a person "receives" a notice or notification when:
(1) It comes to that person's attention; or
(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(F) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1301 | General Provisions
Section 1301.101 | Short Titles - Ucc 1-101.
Section 1301.102 | Scope of Chapter 1301 - Ucc 1-102.
Section 1301.104 | Construction Against Implied Repeal - Ucc 1-104.
Section 1301.105 | Severability - Ucc 1-105.
Section 1301.106 | Use of Singular and Plural; Gender - Ucc 1-106.
Section 1301.107 | Section Captions - Ucc 1-107.
Section 1301.201 | General Definitions - Ucc 1-201.
Section 1301.202 | Notice; Knowledge - Ucc 1-202.
Section 1301.203 | Lease Distinguished From Security Interest - Ucc 1-203.
Section 1301.204 | Value - Ucc 1-204.
Section 1301.205 | Reasonable Time; Seasonableness [Ucc 1-205].
Section 1301.206 | Presumptions - Ucc 1-206.
Section 1301.301 | Territorial Applicability; Parties' Power to Choose Applicable Law - Ucc 1-301.
Section 1301.302 | Variation by Agreement - Ucc 1-302.
Section 1301.303 | Course of Performance, Course of Dealing, and Usage of Trade - Ucc 1-303.
Section 1301.304 | Obligation of Good Faith - Ucc 1-304.
Section 1301.305 | Remedies to Be Liberally Administered - Ucc 1-305.
Section 1301.306 | Waiver or Renunciation of Claim or Right After Breach - Ucc 1-306.
Section 1301.307 | Prima Facie Evidence by Third-Party Documents - Ucc 1-307.
Section 1301.308 | Performance or Acceptance Under Reservation of Rights - Ucc 1-308.
Section 1301.309 | Option to Accelerate at Will - Ucc 1-309.
Section 1301.310 | Subordinated Obligations - Ucc 1-310.
Section 1301.311 | Transactions Entered Into Before 7-1-62 - Ucc 10-102(2).