OH LEG Nonprofit Corporation Law


On Jun. 26, OH LEG passed bill modifying law on public depositories.


  • OH LEG passed bill HB 301 on nonprofit corporation law and dissolving corporations.
  • Removed prohibition for certain financial institutions from serving as public depository.
  • Amends OH LEG 1701, General Corporation Law, and OH LEG 135.032, re depositories.
  • Bill Provisions
  • Makes several operational changes for directors, subcommittees and officers of nonprofit corporations in regards to appointment, fiduciary duty and liability.
  • Loan made in violation of nonprofit corporation law does not affect borrower’s liability.
  • Allows a dissolving corporation to provide certain tax-related information as alternative to securing a certificate from Department of Taxation confirming all State taxes paid.
  • Also amends depository provisions by eliminating prohibition against financial institutions subject to a cease-and desist order from serving as a public depository.
  • Required financial institutions and certain CUs to notify each governing board that made such designation if institution becomes party to an active correction action.
  • Governing board may allow depository to continue to have active/interim/inactive deposits awarded, placed/purchased/made/designated for the designation period.
  • Designate institution as public depository for additional succeeding designation periods
  • Relieves public officials from liability for loss of public money in failed depository.
  • Legislative History
  • On Oct. 18, 2023, bill was introduced in House; on Apr. 24, 2024, bill passed House.
  • On May 1, 2024, bill was introduced in Senate; on Jun. 26, 2024, bill passed Senate.
  • Effectiveness
  • OH LEG bills without effective dates specified in bill text become effective on the 91st day following the bill's filing with the Secretary of State for final enrollment.
  • Aug. 2024 OH LEG Bill Effective Date
  • On Aug. 28, 2024, OH LEG reported that bill HB 301 is effective on Oct. 24, 2024.

Regulators OH LEG
Entity Types Bank; Corp; CU
Reference Bill, 8/28/2024; Bill, HB301, 6/26/2024; Citation: *OH LEG* 1701, 135.032;
Functions Compliance; C-Suite; Legal; Operations; Reporting; Resolution; Tax
Countries United States of America
Category
State
Products Banking; Corporate; Deposits; Loan
Regions Am
Rule Type Final
Rule Date 6/26/2024
Effective Date 10/24/2024
Rule Id 217685
Linked to N/A
Reg. Last Update 8/28/2024
Report Section US Banking

Last substantive update on 09/02/2024