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)
Verify the text
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.
Can this page be used as legal advice?
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