Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 8. · Article 8. INVESTMENT SECURITIES · Part 1. SHORT TITLE AND GENERAL MATTERS
11-8-114. Evidentiary rules concerning certificated securities.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
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.#
- (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.#
History
Code 1981, § 11-8-114, enacted by Ga. L. 1998, p. 1323, § 1.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 670; merge action: carried; file SHA-256 ad397fccbf21.