Section 3--416. Contract of Guarantor  


Latest version.
  • (1) "Payment guaranteed" or equivalent words added to a signature mean
      that  the  signer engages that if the instrument is not paid when due he
      will pay it according to its tenor without resort by the holder  to  any
      other party.
        (2)  "Collection  guaranteed" or equivalent words added to a signature
      mean that the signer engages that if the instrument is not paid when due
      he will pay it according to its tenor, but only  after  the  holder  has
      reduced  his  claim  against  the  maker  or  acceptor  to  judgment and
      execution has been returned unsatisfied, or after the maker or  acceptor
      has  become  insolvent or it is otherwise apparent that it is useless to
      proceed against him.
        (3) Words  of  guaranty  which  do  not  otherwise  specify  guarantee
      payment.
        (4)  No  words  of  guaranty added to the signature of a sole maker or
      acceptor affect his liability on the instrument. Such words added to the
      signature of one of two or more makers or acceptors create a presumption
      that the signature is for the accommodation of the others.
        (5) When words of guaranty are used presentment,  notice  of  dishonor
      and protest are not necessary to charge the user.
        (6)   Any   guaranty   written   on   the   instrument  is  enforcible
      notwithstanding any statute of frauds.