Ohio § 1308.38
Full text of Ohio Ohio Revised Code § 1308.38, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 1308.38
What does Ohio Revised Code § 1308.38 cover?
Section 1308.38 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1308.38?
A common citation format is "Ohio Revised Code § 1308.38" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1308.38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.