South Carolina § 36-3-202 - Negotiation subject to rescission.
Full text of South Carolina South Carolina Code of Laws § 36-3-202 — Negotiation subject to rescission., with citation guidance and answers to common questions.
§ 36-3-202. Negotiation subject to rescission.
(a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good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 rescission or other remedy.
HISTORY: 1962 Code SECTION 10.3-202; 1966 (54) 2716; 2008 Act No. 204, SECTION 2, eff July 1, 2008.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 36-3-202
What does South Carolina Code of Laws § 36-3-202 cover?
Section 36-3-202 ("Negotiation subject to rescission.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 36-3-202?
A common citation format is "South Carolina Code of Laws § 36-3-202" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 36-3-202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.