§8-1114. Evidentiary rules concerning certificated securities
(1). 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. [PL 1997, c. 429, Pt. B, §2 (NEW).]
(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. [PL 1997, c. 429, Pt. B, §2 (NEW).]
(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. [PL 1997, c. 429, Pt. B, §2 (NEW).]
(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. [PL 1997, c. 429, Pt. B, §2 (NEW).]
[PL 1997, c. 429, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 429, §B2 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 8-A: INVESTMENT SECURITIES
Part 1: SHORT TITLE AND GENERAL MATTERS
11 §8-1104. Acquisition of security or financial asset or interest in a security or financial asset
11 §8-1105. Notice of adverse claim
11 §8-1107. Whether indorsement, instruction or entitlement order is effective
11 §8-1108. Warranties in direct holding
11 §8-1109. Warranties in indirect holding
11 §8-1110. Applicability; choice of law
11 §8-1111. Clearing corporation rules
11 §8-1112. Creditor's legal process
11 §8-1113. Statute of frauds inapplicable
11 §8-1114. Evidentiary rules concerning certificated securities
11 §8-1115. Securities intermediary and others not liable to adverse claimant