§490:8-203 - Staleness as notice of defect or defense.
§490:8-203 Staleness as notice of defect or
defense. After an act or event, other than a call that has been revoked,
creating a right to immediate performance of the principal obligation
represented by a certificated security or setting a date on or after which the
security is to be presented or surrendered for redemption or exchange, a
purchaser is charged with notice of any defect in its issue or defense of the
issuer, if the act or event:
(1) Requires the payment of money, the delivery of a
certificated security, the registration of transfer of an uncertificated
security, or any of them on presentation or surrender of the security
certificate, the money or security is available on the date set for payment or
exchange, and the purchaser takes the security more than one year after that
date; or
(2) Is not covered by paragraph (1) and the purchaser
takes the security more than two years after the date set for surrender or
presentation or the date on which performance became due. [L 1997, c 33, pt of
§2]