{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-8-306","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-8-306","heading":"Effect of Guaranteeing Signature, Indorsement, or","body":"Instruction.\n\nEffect of Guaranteeing Signature, Indorsement, or Instruction.\n\n(a) A person who guarantees a signature of an indorser of a\n\nsecurity certificate warrants that at the time of signing:\n\n(1) the signature was genuine;\n\n(2) the signer was an appropriate person to indorse, or if\n\nthe signature is by an agent, the agent had actual\n\nauthority to act on behalf of the appropriate person;\n\nand\n\n(3) the signer had legal capacity to sign.\n\n(b) A person who guarantees a signature of the originator of an\n\ninstruction warrants that at the time of signing:\n\n(1) the signature was genuine;\n\n(2) the signer was an appropriate person to originate the\n\ninstruction, or if the signature is by an agent, the\n\nagent had actual authority to act on behalf of the\n\nappropriate person, if the person specified in the\n\ninstruction as the registered owner was, in fact, the\n\nregistered owner, as to which fact the signature\n\nguarantor does not make a warranty; and\n\n(3) the signer had legal capacity to sign.\n\n(c) A person who specially guarantees the signature of an\n\noriginator of an instruction make the warranties of a signature\n\nguarantor under subsection (b) of this section and also warrants\n\nthat at the time the instruction is presented to the issuer:\n\n(1) the person specified in the instruction as the\n\nregistered owner of the uncertificated security will\n\nbe the registered owner; and\n\n(2) the transfer of the uncertificated security requested\n\nin the instruction will be registered by the issuer\n\nfree from all liens, security interests, restrictions,\n\nand claims other than those specified in the\n\ninstruction.\n\n(d) A guarantor under subsections (a) and (b) of this section\n\nor a special guarantor under subsection (c) of this section does not\n\notherwise warrant the rightfulness of the transfer.\n\n(e) A person who guarantees an indorsement of a security\n\ncertificate makes the warranties of a signature guarantor under\n\nsubsection (a) of this section and also warrants the rightfulness of\n\nthe transfer in all respects.\n\n(f) A person who guarantees an instruction requesting the\n\ntransfer of an uncertificated security makes the warranties of a\n\nspecial signature guarantor under subsection (c) of this section and\n\nalso warrants the rightfulness of the transfer in all respects.\n\n(g) An issuer may not require a special guaranty of signature,\n\na guaranty of indorsement, or a guaranty of instruction as a\n\ncondition to registration of transfer.\n\n(h) The warranties under this section are made to a person\n\ntaking or dealing with the security in reliance on the guaranty, and\n\nthe guarantor is liable to the person for loss resulting from their\n\nbreach. An indorser or originator of an instruction whose\n\nsignature, indorsement, or instruction has been guaranteed is liable\n\nto a guarantor for any loss suffered by the guarantor as a result of\n\nbreach of the warranties of the guarantor.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4f25a3d79fa607685d839787d6cc551c1bec3bac0e4688aac219bab364c68dbd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-8-305","next":"us-ok/okla.-stat.-tit.-12a-12a-8-307"},"notice":"GroundRules: Original legal text. Not legal advice."}