AS 45.08.114: Evidentiary rules concerning certificated securities.
Where this section sits in the code
- Title 45. Trade and Commerce.
- Chapter 08. Investment 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 endorsement 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.
Collected 2026-09-02T06:19:44Z. Source file · JSON