Ohio Rev. Code » Chapter 1707
Ohio Revised Code

Ohio Rev. Code § 1707.39 (2026)

Qualification of securities sold without compliance

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 31, 2021
Latest Legislation:
House Bill 312 - 133rd General Assembly
PDF:
Download Authenticated PDF
 

When any securities have been sold without compliance with sections 1707.01 to 1707.50 of the Revised Code, or any former law in force at the time of such sale, any interested person may apply in writing to the division of securities for the qualification of such securities under such sections. If it appears to the division that no person has been defrauded, prejudiced, or damaged by such noncompliance or sale and that no person will be defrauded, prejudiced, or damaged by such qualification, the division may permit such securities to be so qualified upon the payment of a fee of one hundred dollars plus a fee of one-fifth of one per cent of the aggregate price at which the securities have been sold in this state, which fee shall in no case be less than one hundred dollars nor more than two thousand dollars. In addition, the division may require the applicant to advance sufficient funds to pay the actual expenses of an examination or investigation by the division, whether to be conducted in this state or outside this state. An itemized statement of such expenses shall be furnished to the applicant.

Such qualification shall estop the division from proceeding under division (D) of section 1707.23 of the Revised Code against anyone who has violated division (C)(1) of section 1707.44 of the Revised Code for acts within the scope of the application, or from proceeding with administrative action pursuant to section 1707.13 of the Revised Code.
Notes of Decisions
Cited in 3 cases, 1972–1990 · leading case: Obenauf v. CIDCO Inv. Servs., Inc., 561 N.E.2d 1070 (Ohio Ct. App. 8th Dist. 1990).
Sort: Relevance Newest Treatment
Obenauf v. CIDCO Inv. Servs., Inc., 561 N.E.2d 1070 (Ohio Ct. App. 8th Dist. 1990). “Neither a Form 39, pursuant to R.C. 1707.39, nor a Form 391, pursuant to R.”
United States v. Kessler, 338 F. Supp. 420 (S.D. Ohio 1972). “The remedies for a violation of this Chapter are to be found in Sections 1707.39, .40, .41, .42 and .43 which deal with procedures for correcting a failure to register and file, as required, with the Ohio Division of Securities; with issuer liabilities; and with the remedies of…”
Braun v. N. Ohio Bank, 430 F. Supp. 367 (N.D. Ohio 1977). “01 to § 1707.39, deal with the registration of offerings of securities and of brokers and dealers.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.