Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly As used in Chapter 1746. of the Revised Code, unless the context otherwise requires: (A) “Business trust” means an unincorporated business association which is created by a trust instrument, pursuant to common law or enabling legislation, under which property is held, managed, […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly A business trust is hereby declared to be a permitted form of association for the conduct of business in this state. A business trust is a separate unincorporated legal entity, not a partnership, joint venture, joint-stock association, agency, or any other form […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly No business trust shall be authorized to transact business in this state unless it complies with section 1746.04 of the Revised Code, except that a business trust that is transacting business in this state on the effective date of this section may […]
Effective: May 20, 2014 Latest Legislation: Senate Bill 98 – 130th General Assembly (A) Except as set forth in section 1746.03 of the Revised Code, before transacting business in this state, a business trust shall file in the office of the secretary of state, on forms prescribed by the secretary of state, a report containing […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) Any person, singly or jointly with others, and without regard to residence or domicile, may form a business trust by signing a trust instrument which shall set forth: (1) The name of the business trust; (2) The place where the principal […]
Effective: June 6, 2001 Latest Legislation: House Bill 94 – 124th General Assembly (A) No business trust that has made a filing pursuant to section 1746.04 of the Revised Code may use the words “Incorporated,” “Corporation,” “Inc.,” “Co.,” “Partnership,” “Ltd.,” or derivatives thereof in its name. (B) No business trust formed after the effective date […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly A trust instrument may be amended in the manner specified in it or in any manner that is valid under the common or statutory law applicable to the business trust created by the instrument.
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) Any individual or entity may be a trustee of a business trust; any trustee may own shares, including all of the shares, of the business trust. (B) Unless otherwise set forth in the trust instrument, and notwithstanding section 1746.13 of the […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) Unless otherwise limited by the trust instrument, a business trust that has made the filings described in section 1746.04 of the Revised Code has the following general powers: (1) To make contracts, incur liabilities, lend or borrow money and to receive […]
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 […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly Business trusts transacting business in this state are subject to all applicable provisions of law, rules of procedure, and rules of court relating to domestic or foreign corporations, with regard to service of process.
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) Unless otherwise provided in the trust instrument, shares of beneficial interest need not be evidenced by certificates. (B) For purposes of Title XIII of the Revised Code, shares of beneficial interest, however designated, in a business trust shall be treated as […]
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, […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly Unless otherwise stated in the trust instrument, a business trust that has made the filings described in section 1746.04 of the Revised Code has a perpetual period of existence and is not affected by any rule against perpetuities. Nothing contained in this […]
Effective: June 6, 2001 Latest Legislation: House Bill 94 – 124th General Assembly Any business trust that has made the filings described in section 1746.04 of the Revised Code may withdraw from this state at any time by filing in the office of the secretary of state a verified copy of a resolution duly adopted […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) Any business trust that transacts business in this state in violation of this chapter shall forfeit not less than one thousand nor more than ten thousand dollars. Such forfeiture shall be recovered in an action in the name of the state […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly (A) The transaction of business in this state by a business trust in violation of this chapter does not affect the validity of any contract with such trust, or the validity of the title to any estate or interest in real or […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly Any business trust may be a party, with one or more other entities, to an agreement of merger, consolidation, or sale, or other disposition of all or substantially all of its assets, provided that the agreement of merger, consolidation, or sale, or […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly Chapter 1746. of the Revised Code is applicable to a foreign business trust that has made the filings described in section 1746.04 of the Revised Code, except to the extent that such provisions may be inconsistent with the applicable laws of the […]
Effective: March 18, 1983 Latest Legislation: Senate Bill 435 – 114th General Assembly No person knowingly shall prepare, make, assist in preparing or making, or procure or advise the preparing or making of any false or fraudulent filings required or permitted by sections 1746.01 to 1746.20 of the Revised Code.
