Effective: January 1, 1998
Latest Legislation: House Bill 170 - 122nd General Assembly
(A) If a security certificate has been lost, apparently destroyed, or wrongfully taken and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under section 1308.40 of the Revised Code or any claim to a new security under this section.
(B) If the owner of a certificated security, whether in registered or bearer form, claims that the security has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner:
(1) So requests before the issuer has notice that the security has been acquired by a protected purchaser;
(2) Files with the issuer a sufficient indemnity bond; and
(3) Satisfies other reasonable requirements imposed by the issuer.
(C) If, after the issue of a new security certificate, a protected purchaser of the original security presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer's liability is governed by section 1308.03 of the Revised Code. In addition to any rights on the indemnity bond, the issuer may recover the new certificate from the person to whom it was issued or any person taking under that person, except a protected purchaser.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1308 | Investment Securities
Section 1308.01 | Definitions - Ucc 8-102.
Section 1308.03 | Overissue Defined - Effect - Ucc 8-210.
Section 1308.04 | Evidentiary Rules Concerning Certificate Securities - Ucc 8-114.
Section 1308.05 | Applicability - Choice of Law - Ucc 8-110.
Section 1308.06 | Clearing Corporation Rules - Ucc 8-111.
Section 1308.07 | Statute of Frauds Inapplicable - Ucc 8-113.
Section 1308.08 | Issuer - Ucc 8-201.
Section 1308.09 | Issuer's Responsibility and Defenses - Notice of Defect or Defense - Ucc 8-202.
Section 1308.10 | Staleness as Notice of Defect or Defense - Ucc 8-203.
Section 1308.12 | Effect of Unauthorized Signature on Security Certificate - Ucc 8-205.
Section 1308.13 | Completion or Alteration of Security Certificate - Ucc 8-206.
Section 1308.14 | Rights and Duties of Issuer With Respect to Registered Owners - Ucc 8-207.
Section 1308.16 | Rights of Purchaser - Ucc 8-302.
Section 1308.17 | Protected Purchaser - Ucc 8-303.
Section 1308.18 | Acquisition of Security or Financial Asset or Interest Therein - Ucc 8-104.
Section 1308.19 | Notice of Adverse Claim - Ucc 8-105.
Section 1308.20 | Warranties in Direct Holding - Ucc 8-108.
Section 1308.21 | Warranties in Indirect Holding - Ucc 8-109.
Section 1308.22 | Indorsement - Ucc 8-304.
Section 1308.23 | Whether Indorsement, Instruction, or Entitlement Order Is Effective - Ucc 8-107.
Section 1308.24 | Control - Ucc 8-106.
Section 1308.25 | Instruction - Ucc 8-305.
Section 1308.26 | Effect of Guaranteeing Signature, Indorsement, or Instruction - Ucc 8-306.
Section 1308.27 | Delivery - Ucc 8-301.
Section 1308.29 | Fulfilling Duty to Transfer.
Section 1308.30 | Wrongful Transfer of Security.
Section 1308.31 | Purchaser's Right to Requisites for Registration of Transfer - Ucc 8-307.
Section 1308.32 | Creditor's Legal Process - Ucc 8-112.
Section 1308.37 | Duty of Issuer to Register Transfer - Ucc 8-401.
Section 1308.38 | Assurance That Indorsement or Instruction Is Effective - Ucc 8-402.
Section 1308.39 | Demand That Issuer Not Register Transfer - Ucc 8-403.
Section 1308.40 | Wrongful Registration - Ucc 8-404.
Section 1308.42 | Authenticating Trustee, Transfer Agent, and Registrar - Ucc 8-407.
Section 1308.52 | Assertion of Adverse Claim Against Entitlement Holder - Ucc 8-502.
Section 1308.54 | Duty of Securities Intermediary to Maintain Financial Asset - Ucc 8-504.
Section 1308.57 | Duty of Securities Intermediary to Comply With Entitlement Holder - Ucc 8-507.
Section 1308.60 | Rights of Purchaser of Security Entitlement From Entitlement Holder - Ucc 8-510.
Section 1308.61 | Priority Among Security Interests and Entitlement Holders - Ucc 8-511.