Kansas Statutes
Article 8 - Investment Securities
84-8-114 Evidentiary rules concerning certificated securities.

84-8-114. Evidentiary rules concerning certificated securities. 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.
History: L. 1996, ch. 202, ยง 41; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 84 - Uniform Commercial Code

Article 8 - Investment Securities

84-8-101 Short title.

84-8-102 Definitions.

84-8-103 Rules for determining whether certain obligations and interests are securities or financial assets.

84-8-104 Acquisition of security or financial asset or interest therein.

84-8-105 Notice of adverse claim.

84-8-106 Control.

84-8-107 Whether indorsement, instruction or entitlement order is effective.

84-8-108 Warranties in direct holding.

84-8-109 Warranties in indirect holding.

84-8-110 Applicability; choice of law.

84-8-111 Clearing corporation rules.

84-8-112 Creditor's legal process.

84-8-113 Statute of frauds inapplicable.

84-8-114 Evidentiary rules concerning certificated securities.

84-8-115 Securities intermediary and others not liable to adverse claimant.

84-8-116 Securities intermediary as purchaser for value.

84-8-201 Issuer.

84-8-202 Issuer's responsibility and defenses; notice of defect or defense.

84-8-203 Staleness as notice of defect or defense.

84-8-204 Effect of issuer's restriction on transfer.

84-8-205 Effect of unauthorized signature on security certificate.

84-8-206 Completion or alteration of security certificate.

84-8-207 Rights and duties of issuer with respect to registered owners.

84-8-208 Effect of signature of authenticating trustee, registrar or transfer agent.

84-8-209 Issuer's lien.

84-8-210 Overissue.

84-8-301 Delivery.

84-8-302 Rights of purchaser.

84-8-303 Protected purchaser.

84-8-304 Indorsement.

84-8-305 Instruction.

84-8-306 Effect of guaranteeing signature, indorsement or instruction.

84-8-307 Purchaser's right to requisites for registration of transfer.

84-8-401 Duty of issuer to register transfer.

84-8-402 Assurance that indorsement or instruction is effective.

84-8-403 Demand that issuer not register transfer.

84-8-404 Wrongful registration.

84-8-405 Replacement of lost, destroyed or wrongfully taken security certificate.

84-8-406 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate.

84-8-407 Authenticating trustee, transfer agent and registrar.

84-8-501 Securities account; acquisition of security entitlement from securities intermediary.

84-8-502 Assertion of adverse claim against entitlement holder.

84-8-503 Property interest of entitlement holder in financial asset held by securities intermediary.

84-8-504 Duty of securities intermediary to maintain financial asset.

84-8-505 Duty of securities intermediary with respect to payments and distributions.

84-8-506 Duty of securities intermediary to exercise rights as directed by entitlement holder.

84-8-507 Duty of securities intermediary to comply with entitlement order.

84-8-508 Duty of securities intermediary to change entitlement holder's position to other form of security holding.

84-8-509 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

84-8-510 Rights of purchaser of security entitlement from entitlement holder.

84-8-511 Priority among security interests and entitlement holders.

84-8-601 Savings clause.