Evidentiary rules concerning certificated securities
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Law
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Mississippi Code
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Regulation of Trade, Commerce and Investments
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Uniform Commercial Code-Revised Article 8. Investment Securities
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Short Title and General Matters
- Evidentiary rules concerning certificated securities
The following rules apply in an action on a certificated security against the issuer:
- Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.
- 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.
- 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.
- 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.
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