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Ohio Revised Code

Ohio Rev. Code § 5815.07 (2026)

Check drawn by fiduciary upon account of his principal - liability of bank

✓ current as of May 2026
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Effective:
January 1, 2007
Latest Legislation:
House Bill 416 - 126th General Assembly
PDF:
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If a check is drawn upon the principal's account by a fiduciary who is empowered to do so, the bank may pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith.

If such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of the obligation as fiduciary in drawing or delivering the check.
Notes of Decisions
Cited in 6 cases, 2011–2019 · leading case: Est. of William R. Barney, J v. PNC Bank, Nat'l Ass'n, 714 F.3d 920 (6th Cir. 2013).
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Est. of William R. Barney, J v. PNC Bank, Nat'l Ass'n, 714 F.3d 920 (6th Cir. 2013). · cites it 2× “Ohio Rev.Code Ann. § 5815.07 (West 2013).”
Koss Corp. v. Park Bank, 922 N.W.2d 20 (Wis. 2019). · cites it 2× “§ 32-9 ; Ohio Rev. Code Ann. § 5815.07 ; 7 Pa. Cons.”
Peters Fam. Farm, Inc. v. Sav. Bank, 2011 Ohio 665 (Ohio Ct. App. 2011). · cites it 5× “09 is R.C. 5815.07. That section reads as follows: {¶24} “If a check is drawn upon the principal's account by a fiduciary who is empowered to do so, the bank may pay the check without being liable to the principal, unless the bank pays the check with actual knowledge that the…”
Est. of William R. Barney, J v. PNC Bank, Nat'l Ass'n (6th Cir. 2013). · cites it 2× “Ohio Rev. Code Ann. § 5815.07 (West 2013).”
Koss Corp. v. Park Bank (Wis. 2019). “§ 32-9 ; Ohio Rev. Code Ann. § 5815.07 ; 7 Pa. Cons.”
Tsepas v. JPMorgan Chase Bank, 2017 Ohio 1272 (Ohio Ct. App. 2017). “” In addition, under R.C. 5815.07, “a check is drawn upon the Stark County, Case No.”
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