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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.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. The following rules apply in an action on a certificated security against the issuer:

  2. (1)

    Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.#

  3. (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.#

  4. (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.#

  5. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.