- (1) Certificated securities governed by this chapter are negotiable instruments.
- (2) Statements (s. 678.408), notices, or the like, sent by the issuer of uncertificated securities and instructions (s. 678.308) are neither negotiable instruments nor certificated securities.
(3) In any action on a security:
- (a) Unless specifically denied in the pleadings, each signature on a certificated security, in a necessary indorsement, on an initial transaction statement, or on an instruction, is admitted;
- (b) If the effectiveness of a signature is put in issue, the burden of establishing it is on the party claiming under the signature, but the signature is presumed to be genuine or authorized;
- (c) If signatures on a certificated security are admitted or established, production of the security 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 signatures on an initial transaction statement are admitted or established, the facts stated in the statement are presumed to be true as of the time of its issuance; and
- (e) After it is shown that a defense or defect exists, the plaintiff has the burden of establishing that he or she or some person under whom the plaintiff claims is a person against whom the defense or defect is ineffective (s. 678.202).
History.--s. 1, ch. 65-254; s. 1, ch. 87-275; s. 648, ch. 97-102.
Note.--s. 8-105, U.C.C.