Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-415
Contract of Accommodation Party
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 3, PART 4
Section 3--415. Contract of Accommodation Party.

(1) An accommodation party is one who signs the instrument in any
capacity for the purpose of lending his name to another party to it.

(2) When the instrument has been taken for value before it is due the
accommodation party is liable in the capacity in which he has signed
even though the taker knows of the accommodation.

(3) As against a holder in due course and without notice of the
accommodation oral proof of the accommodation is not admissible to give
the accommodation party the benefit of discharges dependent on his
character as such. In other cases the accommodation character may be
shown by oral proof.

(4) An indorsement which shows that it is not in the chain of title is
notice of its accommodation character.

(5) An accommodation party is not liable to the party accommodated,
and if he pays the instrument has a right of recourse on the instrument
against such party.

(6) An accommodation party warrants to any subsequent holder who is
not the party accommodated and who takes the instrument in good faith
that

(a) all signatures are genuine or authorized; and

(b) the instrument has not been materially altered; and

(c) all prior parties had capacity to contract; and

(d) he has no knowledge of any insolvency proceeding instituted

with respect to the maker or acceptor or the drawer of an

unaccepted instrument.