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North Dakota · Through 2026-07-31T11:12:02 · Newer source version available

N.D. Cent. Code § 41-08-14: (8-114) Evidentiary rules concerning certificated securities

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Where this section sits in the code
  1. Title 41 Uniform Commercial Code
  2. Chapter 41-08 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 2026-09-02T21:04:14Z. Source file · JSON

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