N.Y. Uniform Commercial Code 3-413 – Contract of Maker, Drawer and Acceptor
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Section 3–413. Contract of Maker, Drawer and Acceptor.
Terms Used In N.Y. Uniform Commercial Code 3-413
- Contract: A legal written agreement that becomes binding when signed.
- Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(1) The maker or acceptor engages that he will pay the instrument according to its tenor at the time of his engagement or as completed pursuant to Section 3–115 on incomplete instruments.
(2) The drawer engages that upon dishonor of the draft and any necessary notice of dishonor or protest he will pay the amount of the draft to the holder or to any indorser who takes it up. The drawer may disclaim this liability by drawing without recourse.
(3) By making, drawing or accepting the party admits as against all subsequent parties including the drawee the existence of the payee and his then capacity to indorse.