Section 1303.23. Negotiation subject to rescission - UCC 3-202  


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  • (A) Negotiation is effective even if it is obtained in any of the following manners:

    (1) From an infant, a corporation exceeding its powers, or any other person without capacity;

    (2) By fraud, duress, or mistake of any kind;

    (3) As part of an illegal transaction;

    (4) In breach of duty.

    (B) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for the rescission or other remedy.

Effective Date: 08-19-1994