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§ 8-114. Evidentiary Rules Concerning Certificated Securities

Oklahoma Statutes AnnotatedTitle 12A. Commercial Code

Oklahoma Statutes Annotated
Title 12a. Commercial Code (Refs & Annos)
Article 8. Investment Securities (Refs & Annos)
Part 1. Short Title and General Matters (Refs & Annos)
12A Okl.St.Ann. § 8-114
§ 8-114. Evidentiary Rules Concerning Certificated Securities
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; and
(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.

Credits

Laws 1995, c. 242, § 14, eff. Feb. 1, 1996.
12A Okl. St. Ann. § 8-114, OK ST T. 12A § 8-114
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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