Exemption or exception; burden of proof.

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8-1121. Exemption or exception; burden of proof.

In any proceeding under the Securities Act of Nebraska, the burden of proving an exemption or an exception from a definition shall be upon the person claiming it.

Source

  • Laws 1965, c. 549, § 21, p. 1797;
  • Laws 1998, LB 894, § 5.

Annotations

  • Defendant bears the burden of proving a claim of exemption when raising the issue as a defense to a charge of unlawful sale of unregistered securities. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).


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