New Jersey Statutes
§ 12A:8-114 — Evidentiary Rules Concerning Certificated Securities.
New Jersey·Title 12A COMMERCIAL TRANSACTIONS
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
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Nearby Sections
15
§ 12A:8-101
Short Title.§ 12A:8-102
Definitions.§ 12A:8-103
Rule for determining whether certain obligations and interests are securities or financial assets.§ 12A:8-105. Notice of Adverse Claim.
§ 12A:8-105. Notice of Adverse Claim.§ 12A:8-106
Control§ 12A:8-108. Warranties in Direct Holding.
§ 12A:8-108. Warranties in Direct Holding.§ 12A:8-109
Warranties in Indirect Holding.§ 12A:8-110
Applicability; choice of law.§ 12A:8-111
Clearing Corporation Rules.§ 12A:8-112. Creditor's Legal Process.
§ 12A:8-112. Creditor's Legal Process.§ 12A:8-113
Statute of Frauds Inapplicable.