Ohio Code § 1308.26

Ohio Code § 1308.26. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1308.26.

(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 division (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 divisions (A) and (B) of this section or a special guarantor under

division (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 division (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 division (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.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1308.26
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1308.26?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1308.26 address?

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Is Ohio Revised Code § 1308.26 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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