Vermont § 306 - § 8—306.
Full text of Vermont Vermont Statutes Online § 306 — § 8—306., with citation guidance and answers to common questions.
§ 306. § 8—306.
- Effect of guaranteeing signature, indorsement, or instruction (a) A person who guarantees a signature of an indorser of a security certificate warrants
that at the time of signing: (1) the signature was genuine; (2) the signer was an appropriate person to indorse, or if the signature is by an agent,
the agent had actual authority to act on behalf of the appropriate person; and (3) the signer had legal capacity to sign. (b) A person who guarantees a signature of the originator of an instruction warrants that
at the time of signing: (1) the signature was genuine; (2) the signer was an appropriate person to originate the instruction, or if the signature
is by an agent, the agent had actual authority to act on behalf of the appropriate
person, if the person specified in the instruction as the registered owner was, in
fact, the registered owner, as to which fact the signature guarantor does not make
a warranty; and (3) the signer had legal capacity to sign. (c) A person who specially guarantees the signature of an originator of an instruction
makes the warranties of a signature guarantor under subsection (b) of this section
and also warrants that at the time the instruction is presented to the issuer: (1) the person specified in the instruction as the registered owner of the uncertificated
security will be the registered owner; and (2) the transfer of the uncertificated security requested in the instruction will be registered
by the issuer free from all liens, security interests, restrictions, and claims other
than those specified in the instruction. (d) A guarantor under subsections (a) and (b) of this section or a special guarantor under
subsection (c) of this section does not otherwise warrant the rightfulness of the
transfer. (e) A person who guarantees an indorsement of a security certificate makes the warranties
of a signature guarantor under subsection (a) of this section and also warrants the
rightfulness of the transfer in all respects. (f) A person who guarantees an instruction requesting the transfer of an uncertificated
security makes the warranties of a special signature guarantor under subsection (c)
of this section and also warrants the rightfulness of the transfer in all respects. (g) An issuer may not require a special guaranty of signature, a guaranty of indorsement,
or a guaranty of instruction as a condition to registration of transfer. (h) The warranties under this section are made to a person taking or dealing with the
security in reliance on the guaranty, and the guarantor is liable to the person for
loss resulting from their breach. An indorser or originator of an instruction whose
signature, indorsement, or instruction has been guaranteed is liable to a guarantor
for any loss suffered by the guarantor as a result of breach of the warranties of
the guarantor. (Added 1995, No. 92 (Adj. Sess.), § 1, eff. Jan. 1, 1997.)
Frequently Asked Questions About Vermont § 306
What does Vermont Statutes Online § 306 cover?
Section 306 ("§ 8—306.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 306?
A common citation format is "Vermont Statutes Online § 306" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 306 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.