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Bills of Exchange Act, 1964 (Act No. 34 of 1964)

Chapter I

Liabilities of parties

54A. Liability of signer of aval

 

(1) The liabilities of the parties to a bill or note may be secured by an aval.

 

(2) A person signs a bill or note as the signer of an aval where he signs the bill or note, and by words such as 'as aval', 'as surety' or 'as guarantor' expressly indicates that he is a surety: Provided that the unqualified signature of a person other than the drawer, maker, drawee or payee made on the back of the bill or note payable to order before indorsement by the payee shall be sufficient for such indication.

 

(3) The signer of an aval may specify in the bill or note the party for whom he has given his aval and if he does not so specify, he shall be deemed to have given his aval for the drawer or maker, as the case may be: Provided that, if a bill has been accepted, whether before or after the signing of the aval, the signer of that aval shall be deemed to have given his aval for the acceptor.

 

(4) The signer of an aval is liable jointly and severally with and as surety for, the party for whom he has given his aval or is deemed to have given his aval.

 

(5) Where the signer of an aval pays the bill or note, he acquires the rights arising out of the bill or note against the person for whom he has given his aval or is deemed to have given his aval and against all parties liable to that person.

 

[Section 54A inserted by section 17 of Act 56 of 2000.]