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surety

 
Dictionary: sur·e·ty   (shʊr'ĭ-tē) pronunciation
 
n., pl. -ties.
  1. The condition of being sure, especially of oneself; self-assurance.
  2. Something beyond doubt; a certainty.
  3. A pledge or formal promise made to secure against loss, damage, or default; a security.
  4. One who has contracted to be responsible for another, especially one who assumes responsibilities or debts in the event of default.

[Middle English surte, from Old French, from Latin sēcūritās, from sēcūrus, sure. See secure.]

suretyship sur'e·ty·ship' n.
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When a guarantor or a sum of money is held as a guarantee for a loan in good faith.

Investopedia Says:
It is similar to a deposit on a loan or contract.


 
Banking Dictionary: Surety
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Guaranty of debt repayment or fulfillment of contractual obligation. Borrowers unable to obtain credit under their own name often have a third party sign the application. Under a surety agreement, the lender can look first to the surety or guarantor for payment if the borrower defaults. A surety who pays a borrower's debt takes an assignment of the creditor's rights through Subrogation and can attempt to recover that payment from the borrower.

 

One who guarantees the performance of another.
Example: Ridley employs a Contractor to construct a house. Under the Contract the contractor is required to obtain a Performance Bond against failure to perform the work. Ace Bonding Co. Provides the bond, thereby acting as a surety. Should the contractor fail to perform, Ace compensates Ridley for damages.

 
Thesaurus: surety
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noun

  1. The fact or condition of being without doubt: assurance, assuredness, certainty, certitude, confidence, conviction, positiveness, sureness. See certain/uncertain.
  2. An assumption of responsibility, as one given by a manufacturer, for the quality, worth, or durability of a product: guarantee, guaranty, warrant, warranty. See obligation.
  3. One who assumes financial responsibility for another: backer, guarantor, guaranty, sponsor, underwriter. Informal angel. See law, support/oppose.

 
Architecture: surety
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A person or organization who, for a consideration, promises in writing to make good the debt or default of another.


 
Law Encyclopedia: Surety
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This entry contains information applicable to United States law only.

An individual who undertakes an obligation to pay a sum of money or to perform some duty or promise for another in the event that person fails to act.

 
Wikipedia: Surety
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A surety is a person who agrees to be responsible for the debt or obligation of another. Furthermore, a surety is also a "security against loss or damage or for the fulfillment of an obligation, the payment of a debt, etc.; a pledge, guaranty, or bond."[1]

The situation in which a surety is most typically required is when the ability of the primary obligor or principal to perform its obligations under a contract is in question, or when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. In most common law jurisdictions, a contract of suretyship is subject to the statute of frauds (or its equivalent local laws) and is only enforceable if recorded in writing and signed by the surety and the principal.

If the surety is required to pay or perform due to the principal's failure to do so, the law will usually give the surety a right of subrogation, allowing the surety to "step into the shoes of" the principal and use his (the surety's) contractual rights to recover the cost of making payment or performing on the principal's behalf, even in the absence of an express agreement to that effect between the surety and the principal.

The act of becoming a surety is also called a guarantee. Traditionally a guarantee was distinguished from a surety in that the surety's liability was joint and primary with the principal, whereas the guaranty's liability was ancillary and derivative, but many jurisdictions have abolished this distinction.

In the United States, under Article 3 of the Uniform Commercial Code, a person who signs a negotiable instrument as a surety is termed an accommodation party; such a party may be able to assert defenses to the enforcement of an instrument not available to the maker of the instrument.


Contents

Usage

There are several uses of the word "guarantee" in today's parlance, however the following should be used in legal documents. Guaranty is the actual document containing language of assurance. Guarantor is the entity giving the guaranty and guarantee is the entity receiving the guaranty. Following conventional English spelling rules, therefore, the plural of guaranty or verb usage of the word should be guaranties, as in "The seller (guarantor) guaranties something to the buyer (guarantee)."

Example

A guarantee should be absolute with no chance of ambiguity or rebuttal. An example: I spoke with Jesse this morning and he gave me the "guarantee" that the game was on at 1:00pm. The comment that the game is on at 1:00pm is an absolute, which can be verified, therefore making Jesse's "guarantee" irrefutable. A guarantee should be based on fact, which can be relied upon by others to make decisions; and not an opinion that requires interpretation.

A "surety" is also known as a "bonding company."

See also

References

  1. ^ Dictionary.com/surety Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006

 
Translations: Surety
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Dansk (Danish)
n. - kautionist, kaution, selvskyldner

idioms:

  • stand surety for    kautionere for

Nederlands (Dutch)
borg, borgsteller, zekerheid

Français (French)
n. - (Fin, Jur) dépôt de garantie, caution, garant

idioms:

  • stand surety    se porter garant

Deutsch (German)
n. - Bürge

idioms:

  • stand surety    bürgen für

Ελληνική (Greek)
n. - βεβαιότητα, (νομ.) εγγυητής, εγγύηση

idioms:

  • stand surety for    μπαίνω εγγυητής για

Italiano (Italian)
cauzione, fideiussore

idioms:

  • stand surety for    farsi garante di

Português (Portuguese)
n. - segurança (f)

idioms:

  • stand surety for    servir de fiador por

Русский (Russian)
уверенность, поручительство, гарантия, поручитель, гарант

idioms:

  • stand surety for    поручиться за кого-л.

Español (Spanish)
n. - fianza, garantía, fiador, garante

idioms:

  • stand surety    ser el fiador de uno, salir garante por, salir fiador de

Svenska (Swedish)
n. - säkerhet, visshet, borgen, borgensman

中文(简体)(Chinese (Simplified))
保证人, 担保, 保证

idioms:

  • stand surety for    为某人做保证人

中文(繁體)(Chinese (Traditional))
n. - 保證人, 擔保, 保證

idioms:

  • stand surety for    為某人做保証人

한국어 (Korean)
n. - 보증, 저당, 보증인

idioms:

  • stand surety for    ~의 보증인이 되다

日本語 (Japanese)
n. - 保証, 抵当, 引受人, 連帯保証業者

العربيه (Arabic)
‏(الاسم) ثقه , يقين , الكفيل , الضامن‏

עברית (Hebrew)
n. - ‮ערב (להלוואה), בטוחה, ערבות, ודאות‬


 
 

 

Copyrights:

Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved.  Read more
Investment Dictionary. Copyright ©2000, Investopedia.com - Owned and Operated by Investopedia Inc. All rights reserved.  Read more
Banking Dictionary. Dictionary of Banking Terms. Copyright © 2006 by Barron's Educational Series, Inc. All rights reserved.  Read more
Real Estate Dictionary. Dictionary of Real Estate Terms. Copyright © 2004 by Barron's Educational Series, Inc. All rights reserved.  Read more
Thesaurus. Roget's II: The New Thesaurus, Third Edition by the Editors of the American Heritage® Dictionary Copyright © 1995 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.  Read more
Architecture. McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Surety" Read more
Translations. Copyright © 2007, WizCom Technologies Ltd. All rights reserved.  Read more