§8-1114. Evidentiary rules concerning certificated securities
(1).
The following rules apply in an action on a certificated security against the issuer.
(a).
Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(b).
If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(c).
If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
(d).
If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
[PL 1997, c. 429, Pt. B, §2 (NEW).]
[PL 1997, c. 429, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 429, §B2 (NEW).