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§12A-3-419.
§12A-3-419.
INSTRUMENTS SIGNED FOR ACCOMMODATION
(a) If an instrument is issued for value given for the benefit of a
party to the instrument ("accommodated party") and another party to
the instrument ("accommodation party") signs the instrument for the
purpose of incurring liability on the instrument without being a
direct beneficiary of the value given for the instrument, the
instrument is signed by the accommodation party "for accommodation".
(b) An accommodation party may sign the instrument as maker, drawer,
acceptor, or indorser and, subject to subsection (d) of this section,
is obliged to pay the instrument in the capacity in which the
accommodation party signs. The obligation of an accommodation party
may be enforced notwithstanding any statute of frauds and whether or
not the accommodation party receives consideration for the
accommodation.
(c) A person signing an instrument is presumed to be an accommodation
party and there is notice that the instrument is signed for
accommodation if the signature is an anomalous indorsement or is
accompanied by words indicating that the signer is acting as surety or
guarantor with respect to the obligation of another party to the
instrument. Except as provided in Section 3-605 of this title, the
obligation of an accommodation party to pay the instrument is not
affected by the fact that the person enforcing the obligation had
notice when the instrument was taken by that person that the
accommodation party signed the instrument for accommodation.
(d) If the signature of a party to an instrument is accompanied by
words indicating unambiguously that the party is guaranteeing
collection rather than payment of the obligation of another party to
the instrument, the signer is obliged to pay the amount due on the
instrument to a person entitled to enforce the instrument only if (i)
execution of judgment against the other party has been returned
unsatisfied, (ii) the other party is insolvent or in an insolvency
proceeding, (iii) the other party cannot be served with process, or
(iv) it is otherwise apparent that payment cannot be obtained from the
other party.
(e) An accommodation party who pays the instrument is entitled to
reimbursement from the accommodated party and is entitled to enforce
the instrument against the accommodated party. An accommodated party
who pays the instrument has no right of recourse against, and is not
entitled to contribution from, an accommodation party.
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