Effective: March 18, 1983
Latest Legislation: Senate Bill 435 - 114th General Assembly
(A) A business trust may take, hold, and dispose of any estate or interest in real or personal property in its business name, or in the name of one or more of its trustees, or in the name of one or more of its nominees. A conveyance to a business trust in its business name shall recite that the grantee is a business trust, and the estate or interest so acquired can be conveyed by the business trust only in its business name. Any estate or interest in real or personal property taken, held, or disposed of by a business trust in its business name prior to the effective date of this section is hereby confirmed as if the conveyance thereof had been made pursuant to the authority of this section.
(B) The fact that a recorded deed, mortgage, or other conveyance of an estate or interest in real or personal property designates a business trust or one or more trustees or nominees of a business trust as the grantee does not give notice to or put upon inquiry any person dealing with the property that there are any limitations on the power of such business trust, trustees, or nominees to dispose of or encumber the estate or interest specified in such conveyance, unless such conveyance specifically contains such limitations or incorporates by reference another instrument of record in the same county which specifically contains such limitations. As to all bona fide purchasers and encumbrancers of the property, a conveyance, release, or encumbrance by such business trust, trustees, or nominees transfers or releases the estate or interest in the property specified free from the claims of the holders of shares of beneficial interest in the trust estate and free from any obligation on the part of such purchaser or encumbrancer to see to the application of any purchase money or other consideration.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Chapter 1746 | Business Trusts
Section 1746.01 | Business Trust Definitions.
Section 1746.02 | Status of Business Trusts.
Section 1746.03 | Compliance With Chapter.
Section 1746.04 | Filing With Secretary of State Before Transacting Business.
Section 1746.05 | Contents of Trust Agreement Forming Establishing Business Trust.
Section 1746.07 | Amendment of Trust.
Section 1746.08 | Trustees' Qualifications and Liabilities.
Section 1746.09 | General Powers of Business Trust.
Section 1746.10 | Interests in Property.
Section 1746.11 | Service of Process.
Section 1746.12 | Shares of Beneficial Interest.
Section 1746.13 | Liability to Third Persons - Insurance.
Section 1746.14 | Perpetual Period of Existence.
Section 1746.15 | Withdrawal From State.
Section 1746.16 | Forfeiture for Violation of Chapter.
Section 1746.17 | Validity of Contracts or Titles Not Affected by Violation.
Section 1746.18 | Merger, Consolidation, Sale or Other Disposition of Assets.
Section 1746.19 | Foreign Business Trusts.