Exchange Act § 29 
Validity of Contracts
a. Waiver
provisions
Any condition, stipulation, or provision binding any person to waive
compliance with any provision of this title or of any rule or regulation
thereunder, or of any rule of an exchange required thereby shall be void.
b. Contract
provisions in violation of title
Every contract made in violation of any provision of this title or
of any rule or regulation thereunder, and every contract (including any
contract for listing a security on an exchange) heretofore or hereafter
made, the performance of which involves the violation of, or the continuance
of any relationship or practice in violation of, any provision of this
title or any rule or regulation thereunder, shall be void (1) as regards
the rights of any person who, in violation of any such provision, rule,
or regulation, shall have made or engaged in the performance of any such
contract, and (2) as regards the rights of any person who, not being a
party to such contract, shall have acquired any right thereunder with
actual knowledge of the facts by reason of which the making or performance
of such contract was in violation of any such provision, rule, or regulation:
Provided, (A) That no contract shall be void by reason of this subsection
because of any violation of any rule or regulation prescribed pursuant
to paragraph (3) of subsection (c) of section
15, and (B) that no contract shall be deemed to be void by reason of this
subsection in any action maintained in reliance upon this subsection,
by any person to or for whom any broker or dealer sells, or from or for
whom any broker or dealer purchases, a security in violation of any rule
or regulation prescribed pursuant to
paragraph (1) or
(2) of subsection
(c) of section 15, unless such action is brought within one year after
the discovery that such sale or purchase involves such violation and within
three years after such violation. The Commission may, in a rule or regulation
prescribed pursuant to such paragraph (2) of such section 15(c), designate
such rule or regulation, or portion thereof, as a rule or regulation,
or portion thereof, a contract in violation of which shall not be void
by reason of this subsection.
c. Validity
of loans, extensions of credit, and creation of liens; actual knowledge
of violation
Nothing in this title shall be construed (1) to affect the validity
of any loan or extension of credit (or any extension or renewal thereof)
made or of any lien created prior or subsequent to the enactment of this
title, unless at the time of the making of such loan or extension of credit
(or extension or renewal thereof) or the creating of such lien, the person
making such loan or extension of credit (or extension or renewal thereof)
or acquiring such lien shall have actual knowledge of facts by reason
of which the making of such loan or extension of credit (or extension
or renewal thereof) or the acquisition of such lien is a violation of
the provisions of this title or any rule or regulation thereunder, or
(2) to afford a defense to the collection of any debt or obligation or
the enforcement of any lien by any person who shall have acquired such
debt, obligation, or lien in good faith for value and without actual knowledge
of the violation of any provision of this title or any rule or regulation
thereunder affecting the legality of such debt, obligation, or lien.
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June 6, 1934, c. 404, Title I, § 29, 48 Stat.
903
June 25, 1938, c. 677, § 3, 52 Stat. 1076
Oct. 15, 1990, Pub.L. 101-429, Title V, § 507, 104 Stat. 956 |
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