Endorsement and signature guaranty and unauthorized assumption of liability.

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A. A state bank may assume secondary liability as an endorser of a negotiable or nonnegotiable instrument, which it owns or has received for collection. A state bank may assume the liability of the guarantor of the genuineness of a signature.

B. Except as expressly permitted in the Banking Act, a state bank shall not assume liability as an insurer or as a guarantor or indorser [endorser] of any security instrument or obligation.

History: 1953 Comp., § 48-22-30, enacted by Laws 1963, ch. 305, § 30.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks §§ 614, 634, 635.

Authority of officer or agent to bind corporation as guarantor or surety, 34 A.L.R.2d 290.


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