Oregon Statutes - Chapter 78 - Investment Securities - Section 78.1140 - Evidentiary rules concerning certificated securities.

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. [1995 c.328 §14]

Section:  Previous  78.1070  78.1080  78.1090  78.1100  78.1110  78.1120  78.1130  78.1140  78.1150  78.1160  78.2010  78.2020  78.2030  78.2040  78.2050  Next

Last modified: August 7, 2008