Effective: March 18, 1983
Latest Legislation: Senate Bill 435 - 114th General Assembly
(A) Liability to third persons for any act, omission, or obligation of a business trust that has made the filings described in section 1746.04 of the Revised Code or a trustee or trustees of a business trust when acting in such capacity, shall extend to the whole of the trust estate held by such trustee or trustees, or so much thereof as may be necessary to discharge such liability, but no such liability shall attach to the trustees, officers, employees, agents, or the holders of the shares of beneficial interest in such business trust for any such act, omission, or obligation.
(B) A business trust that has made the filings described in section 1746.04 of the Revised Code may purchase and maintain insurance on behalf of any person who is or was a trustee, officer, employee, shareholder, or agent of the business trust, or is or was serving at the request of the business trust as a director, trustee, officer, employee, or agent of another business trust, corporation, domestic or foreign, nonprofit or for profit, partnership, joint venture, trust, or other enterprise against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the trust instrument of the business trust contains provisions for indemnification of such person against such liability by the business trust.
(C) The trust estate of a business trust that has made the filings described in section 1746.04 of the Revised Code is not liable for any act, omission, or obligation of either of the following:
(1) Any holder of its shares of beneficial interest;
(2) Any trustee when not acting in such capacity.
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.