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§12A-8-114.
§12A-8-114.
Evidentiary Rules Concerning Certificated Securities.
The following rules apply in an action on a certificated security
against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a
security certificate or in a necessary indorsement is admitted;
(2) 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;
(3) 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; and
(4) 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.
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