(2) An accommodation party may sign the instrument as maker, drawer, acceptor or indorser and, subject to subsection (4) 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.
(3) 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 ORS 73.0605, 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.
(4) 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:
(a) Execution of judgment against the other party has been returned unsatisfied;
(b) The other party is insolvent or in an insolvency proceeding;
(c) The other party cannot be served with process; or
(d) It is otherwise apparent that payment cannot be obtained from the other party.
(5) 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. [1993 c.545 §60]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 073 - Negotiable Instruments
Section 73.0102 - Application of chapter.
Section 73.0103 - Definitions.
Section 73.0104 - Negotiable instrument; other definitions.
Section 73.0105 - Issue of instrument.
Section 73.0106 - Unconditional promise or order.
Section 73.0108 - Payable on demand or at definite time.
Section 73.0109 - Payable to bearer or to order.
Section 73.0110 - Identification of person to whom instrument is payable.
Section 73.0113 - Date of instrument.
Section 73.0115 - Incomplete instrument.
Section 73.0116 - Joint and several liability; contribution.
Section 73.0118 - Statute of limitations.
Section 73.0201 - Negotiation.
Section 73.0202 - Negotiation subject to rescission.
Section 73.0203 - Transfer of instrument; rights acquired by transfer.
Section 73.0204 - Indorsement.
Section 73.0205 - Special indorsement; blank indorsement; anomalous indorsement.
Section 73.0206 - Restrictive indorsement.
Section 73.0302 - Holder in due course.
Section 73.0303 - Value and consideration.
Section 73.0304 - Overdue instrument.
Section 73.0305 - Defenses and claims in recoupment.
Section 73.0307 - Notice of breach of fiduciary duty.
Section 73.0308 - Proof of signatures and status as holder in due course.
Section 73.0309 - Enforcement of lost, destroyed or stolen instrument.
Section 73.0310 - Effect of instrument on obligation for which taken.
Section 73.0312 - Lost, destroyed or stolen cashier’s check, teller’s check or certified check.
Section 73.0402 - Signature by representative.
Section 73.0403 - Unauthorized signature.
Section 73.0404 - Impostors; fictitious payees.
Section 73.0405 - Employer’s responsibility for fraudulent indorsement by employee.
Section 73.0406 - Negligence contributing to forged signature or alteration of instrument.
Section 73.0409 - Acceptance of draft; certified check.
Section 73.0410 - Acceptance varying draft.
Section 73.0411 - Refusal to pay cashier’s checks, teller’s checks and certified checks.
Section 73.0413 - Obligation of acceptor.
Section 73.0414 - Obligation of drawer.
Section 73.0415 - Obligation of indorser.
Section 73.0416 - Transfer warranties.
Section 73.0417 - Presentment warranties.
Section 73.0418 - Payment or acceptance by mistake.
Section 73.0419 - Instruments signed for accommodation.
Section 73.0420 - Conversion of instrument.
Section 73.0501 - Presentment.
Section 73.0503 - Notice of dishonor.
Section 73.0504 - Excused presentment and notice of dishonor.
Section 73.0505 - Evidence of dishonor.
Section 73.0601 - Discharge and effect of discharge.
Section 73.0603 - Tender of payment.
Section 73.0604 - Discharge by cancellation or renunciation.
Section 73.0605 - Discharge of indorsers and accommodation parties.