Nebraska Statutes

§ 8-1121 — Exemption or exception; burden of proof

Nebraska·Ch. 8 Banks and Banking
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.

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Related

State v. Fries
337 N.W.2d 398 (Nebraska Supreme Court, 1983)
20 case citations
State v. Grutell
305 Neb. 843 (Nebraska Supreme Court, 2020)
6 case citations

Legislative History

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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