(a) Subject to subsections (b), (c), and (d) and to § 4-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 4-3-115 and 4-3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(b) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) to pay the instrument.
(c) If notice of dishonor of an instrument is required by § 4-3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) is discharged.
(d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) is discharged.
(e) If an indorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within thirty (30) days after the day the indorsement was made, the liability of the indorser under subsection (a) is discharged.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Chapter 3 - Negotiable Instruments
§ 4-3-402. Signature by representative
§ 4-3-403. Unauthorized signature
§ 4-3-404. Impostors — Fictitious payees
§ 4-3-405. Employer's responsibility for fraudulent indorsement by employee
§ 4-3-406. Negligence contributing to forged signature or alteration of instrument
§ 4-3-408. Drawee not liable on unaccepted draft
§ 4-3-409. Acceptance of draft — Certified check
§ 4-3-410. Acceptance varying draft
§ 4-3-411. Refusal to pay cashier's checks, teller's checks, and certified checks
§ 4-3-412. Obligation of issuer of note or cashier's check
§ 4-3-413. Obligation of acceptor
§ 4-3-414. Obligation of drawer
§ 4-3-415. Obligation of indorser
§ 4-3-416. Transfer warranties
§ 4-3-417. Presentment warranties
§ 4-3-418. Payment or acceptance by mistake