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Report of the Council of Delegates

On Nov. 9, 2012, the Ohio State Bar Association Council of Delegates met pursuant to notice at OSBA offices in Columbus to consider reports and recommendations of OSBA committees and sections. The reports were published in Volume 85, No. 35 of the Ohio State Bar Association Reports with the complete text of the reports mailed directly to the Council of Delegates.

The Council of Delegates took the following action on the reports and recommendations:

Report of the Corporation Law Committee

ADOPTED a proposal to amend Title 17 of the Ohio Revised Code to expand the types of entities that are permitted to serve as statutory agents under Ohio law, which should create greater convenience for Ohio businesses and greater effectiveness for service of process on Ohio businesses.

Report of the Banking, Commercial & Bankruptcy Law Committee

ADOPTED AS AMENDED a proposal to amend Section 1304.55 of the Ohio Revised Code, which governs the scope of Ohio’s version of Article 4A of the Uniform Commercial Code dealing with funds transfers. The proposed amendment will preserve the current scope of Ohio’s law, which was made unclear for certain remittance transfers by changes made in federal law pursuant to the Dodd–Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203 (2010). At the meeting, the proposal was amended to correct two grammatical errors. In lines 53 and 58, the word “applies” was changed to “apply”. 

Report of the Board of Governors

ADOPTED a proposal to amend Rule VI of the Rules for the Government of the Bar of Ohio (Registration of Attorneys) and Rule 5.5 of the Ohio Rules of Professional Conduct (Unauthorized Practice of Law) to permit attorneys registered under corporate status to provide pro bono legal services. 

Report of the Family Law Committee

ADOPTED a proposal to amend Civ. R. 75, which governs the joinder of parties in divorce, annulment, and legal separation actions, to grant judges discretion to join as parties step-parents, grandparents, aunts, uncles, and other third parties who have the ability, pursuant to various provisions of the Ohio Revised Code, to request and/or receive rights and responsibilities, including being designated as legal custodians or as persons entitled to visitation or companionship time.

Report of the Estate Planning, Trust and Probate Law

ADOPTED AS AMENDED a proposal to amend Sections 2107.07 and 2107.10 of the Ohio Revised Code to facilitate the prompt deposit of wills in probate court. At the meeting, the proposal was amended to clarify that a deposited will shall not be a public record until it is admitted to probate. The text of the amendment is below.

Amend lines 85 – 86 to delete the underlined language and replace it as follows: “The deposited will shall not be public record until such time as an application is filed for the will to be admitted to probate or the will is otherwise admitted pursuant to Section 2107.08 of the Revised Code.

ADOPTED a proposal to amend Sections 1337.12(A)(1) and 1337.13(A)(1) of the Ohio Revised Code to enable a principal to authorize an agent for health care to access the principal’s medical information before the principal is incapacitated.

ADOPTED a proposal to amend Section 1337.12(B) of the Ohio Revised Code to clarify that no attorney-in-fact or alternate attorney-in-fact designated in a durable power of attorney for health care may act as a witness to such power.

ADOPTED a proposal to amend Section 1337.12 of the Ohio Revised Code by adding a new division (E) to explicitly permit the nomination of a guardian for the principal under a health care power of attorney.

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