Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/3-419

(810 ILCS 5/3-419) (from Ch. 26, par. 3-419)

Sec. 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), 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, 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 that pays
the instrument has no right of recourse against, and is not entitled to
contribution from, an accommodation party.

(Source: P.A. 87-582; 87-1135.)