Effective: July 17, 1978
Latest Legislation: House Bill 289 - 112th General Assembly
(A) The 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 court of this state until it has obtained such authority by filing with the secretary of state as required by division (B) or (C) of this section, paying the fee associated with the filing, and further paying to the secretary of state a forfeiture of one thousand dollars.
(B) If such real estate investment trust has not been previously authorized to transact real estate business in this state or if its authority has been surrendered, it shall make the filings specified in divisions (A)(1) to (7) of section 1747.03 of the Revised Code and pay the specified fee for the filing.
(C) If such real estate investment trust has been previously authorized to transact real estate business in this state and its authority has expired for failure to make the filings required by division (A)(8) of section 1747.03 of the Revised Code, it shall make such filings, and pay the specified fee for the filings.
(D) Full compliance with this section prior to the bringing of an action to recover a forfeiture under section 1747.11 of the Revised Code constitutes a bar to such action.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Chapter 1747 | Real Estate Investment Trusts
Section 1747.01 | Real Estate Investment Trust Definitions.
Section 1747.02 | Compliance With Chapter.
Section 1747.03 | Filing With Secretary of State Before Transacting Business.
Section 1747.04 | Amendment of Trust Instrument.
Section 1747.05 | General Powers of Trust.
Section 1747.06 | Interests in Property.
Section 1747.07 | Service of Process.
Section 1747.08 | Certificate of Beneficial Interest Is Security.
Section 1747.09 | Perpetual Period of Existence - Termination.
Section 1747.10 | Surrender of Authority.
Section 1747.11 | Forfeiture for Transacting Business Without Authority.
Section 1747.12 | Violation Effects.