Ohio Code § 1308.38

Ohio Code § 1308.38. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1308.38.

(A) An issuer may require the following assurance that each necessary indorsement or

each instruction is genuine and authorized: (1) In all cases, a guaranty of the signature of the person making an indorsement or

originating an instruction including, in the case of an instruction, reasonable assurance

of identity; (2) If the indorsement is made or the instruction is originated by an agent, appropriate

assurance of actual authority to sign; (3) If the indorsement is made or the instruction is originated by a fiduciary pursuant

to division (A)(4) or (5) of section 1308.23 of the Revised Code, appropriate evidence

of appointment, or incumbency; (4) If there is more than one fiduciary, reasonable assurance that all who are required

to sign have done so;  and (5) If the indorsement is made or the instruction is originated by a person not covered

by another provision of division (A) of this section, assurance appropriate to the

case corresponding as nearly as may be to such provisions. (B) An issuer may elect to require reasonable assurance beyond that specified in this

section. (C) In this section: (1) “ Guaranty of the signature ” means a guaranty signed by or on behalf of a person reasonably believed by the issuer

to be responsible.  The issuer may adopt standards with respect to responsibility if they are not manifestly

unreasonable. (2) “ Appropriate evidence of appointment or incumbency ” means: (a) In the case of a fiduciary appointed or qualified by a court, a certificate issued

by or under the direction or supervision of that court or an officer thereof and dated

within sixty days before the date of presentation for transfer;  or (b) In any other case, a copy of a document showing the appointment or a certificate

issued by or on behalf of a person reasonably believed by the issuer to be responsible

or, in the absence of that document or certificate, other evidence the issuer reasonably

considered appropriate.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1308.38
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1308.38?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1308.38 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1308.38 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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