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Title XXVI TRADE AND COMMERCE

Chapter 400

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  400.8-114.  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;

  (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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(L. 1997 S.B. 6)


---- end of effective   28 Aug 1997 ----

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