North Carolina General Statutes
Article 8 - Investment Securities.
§ 25-8-114 - Evidentiary rules concerning certificated securities.

25-8-114. 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. (1997-181, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25 - Uniform Commercial Code

Article 8 - Investment Securities.

§ 25-8-101 - Short title.

§ 25-8-102 - Definitions.

§ 25-8-103 - Rules for determining whether certain obligations and interests are securities or financial assets.

§ 25-8-104 - Acquisition of security or financial asset or interest therein.

§ 25-8-105 - Notice of adverse claim.

§ 25-8-106 - Control.

§ 25-8-107 - Whether indorsement, instruction, or entitlement order is effective.

§ 25-8-108 - Warranties in direct holding.

§ 25-8-109 - Warranties in indirect holding.

§ 25-8-110 - Applicability; choice of law.

§ 25-8-111 - Clearing corporation rules.

§ 25-8-112 - Creditor's legal process.

§ 25-8-113 - Statute of frauds inapplicable.

§ 25-8-114 - Evidentiary rules concerning certificated securities.

§ 25-8-115 - Securities intermediary and others not liable to adverse claimant.

§ 25-8-116 - Securities intermediary as purchaser for value.

§ 25-8-201 - Issuer.

§ 25-8-202 - Issuer's responsibility and defenses; notice of defect or defense.

§ 25-8-203 - Staleness as notice of defect or defense.

§ 25-8-204 - Effect of issuer's restriction on transfer.

§ 25-8-205 - Effect of unauthorized signature on security certificate.

§ 25-8-206 - Completion of alteration of security certificate.

§ 25-8-207 - Rights and duties of issuer with respect to registered owners.

§ 25-8-208 - Effect of signature of authenticating trustee, registrar, or transfer agent.

§ 25-8-209 - Issuer's lien.

§ 25-8-210 - Overissue.

§ 25-8-301 - Delivery.

§ 25-8-302 - Rights of purchaser.

§ 25-8-303 - Protected purchaser.

§ 25-8-304 - Indorsement.

§ 25-8-305 - Instruction.

§ 25-8-306 - Effect of guaranteeing signature, indorsement, or instruction.

§ 25-8-307 - Purchaser's right to requisites for registration of transfer.

§ 25-8-401 - Duty of issuer to register transfer.

§ 25-8-402 - Assurance that indorsement or instruction is effective.

§ 25-8-403 - Demand that issuer not register transfer.

§ 25-8-404 - Wrongful registration.

§ 25-8-405 - Replacement of lost, destroyed, or wrongfully taken security certificate.

§ 25-8-406 - Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate.

§ 25-8-407 - Authenticating trustee, transfer agent, and registrar.

§ 25-8-501 - Securities account; acquisition of security entitlement from securities intermediary.

§ 25-8-502 - Assertion of adverse claim against entitlement holder.

§ 25-8-503 - Property interest of entitlement holder in financial asset held by securities intermediary.

§ 25-8-504 - Duty of securities intermediary to maintain financial asset.

§ 25-8-505 - Duty of securities intermediary with respect to payments and distributions.

§ 25-8-506 - Duty of securities intermediary to exercise rights as directed by entitlement holder.

§ 25-8-507 - Duty of securities intermediary to comply with entitlement order.

§ 25-8-508 - Duty of securities intermediary to change entitlement holder's position to other form of security holding.

§ 25-8-509 - 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.

§ 25-8-510 - Rights of purchaser of security entitlement from entitlement holder.

§ 25-8-511 - Priority among security interests and entitlement holders.