Sec. 45.08.114. Evidentiary rules concerning certificated securities.

154 words·~1 min read·/ak/title-45/chapter-8/45-08-114

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 endorsement 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.