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.
HISTORY: 2001 Act No. 67, Section 5. "Action" Section 1-201(1) "Burden of establishing" Section 1-201(8) "Certificated security" Section 8-102(a)(4) "Indorsement" Section 8-102(a)(11) "Issuer" Section 8-201 "Presumed" Section 1-201(31) "Security" Section 8-102(a)(15) "Security certificate" Section 8-102(a)(16)