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OHIO NEWS

Ohio litigation-funding law takes effect; registration starts after 90 days

House Bill 105 creates separate rules for defined consumer legal funding and commercial litigation financing. The law is effective October 6, while its registration requirement begins 90 days later.

Ohio House Bill 105 took effect October 6, 2026, enacting Ohio Revised Code Chapter 1357 and repealing the prior consumer-litigation-funding provision in section 1349.55. The chapter establishes separate requirements for arrangements that meet its definitions of a consumer legal funding agreement or a commercial litigation financing agreement. It does not apply to every loan, legal-expense arrangement or investment connected to litigation.

The registration requirement is delayed. Sections 1357.02 and 1357.08 say that, beginning 90 days after the law's effective date, a consumer legal funding company or commercial litigation financing company must register with the Ohio attorney general before commencing business in Ohio. Counting 90 days from October 6 puts that trigger on January 4, 2027. That date is a calendar calculation from the statute, not a separately announced agency deadline.

For consumer legal funding, the law requires specified agreement disclosures and an attorney acknowledgment, provides a ten-business-day cancellation period, limits a service fee to no more than 7% of the original funding amount, and prohibits a funding company from directing or making decisions about the underlying legal claim. A violation is treated as an unfair or deceptive act or practice; the statute says a willful violation can make an agreement unenforceable.

For both defined consumer and commercial arrangements, the chapter includes attorney and financing-party duties tied to confidentiality, conflicts and control of the claim. Certain resolution-related information must be disclosed to the attorney general within 14 days, with the statute directing publication in a form that redacts identifying information. Clauses that purport to prevent discovery of a financing agreement are void for agreements entered into, amended or renewed on or after the effective date.

Section 1357.07 also restricts covered funding when a funding party, or the claim being financed directly or indirectly, is knowingly financed by an entity domiciled outside the United States. That provision should not be described as a general ban on foreign investment: it operates within the chapter's defined litigation-financing arrangements and uses a knowledge standard.

The definitions contain important exclusions. Among other limits, the consumer category excludes cash payments of $400,000 or more. The commercial category excludes consumer legal funding, contingency-fee legal services, specified health-payor and provider arrangements, ordinary noncontingent loans from financial institutions, and certain preexisting indemnity obligations. The attorney general may enforce the chapter. This is a plain-language summary of the enacted text, not legal advice; application to a particular agreement depends on the statutory definitions and facts.

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