Section 1308.04 | Evidentiary rules concerning certificate securities - UCC 8-114.
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;
(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;
(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;
(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.
Available Versions of this Section
- January 1, 1998 – House Bill 170, 122nd General Assembly [ View January 1, 1998 Version ]