California Commercial Code 8114 – The following rules apply in an action on a certificated security …
The following rules apply in an action on a certificated security against the issuer:
(a) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted.
Terms Used In California Commercial Code 8114
- Genuine: means free of forgery or counterfeiting. See California Commercial Code 1201
- Holder: means :
California Commercial Code 1201
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) 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.
(c) 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.
(d) 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.
(Added by Stats. 1996, Ch. 497, Sec. 9. Effective January 1, 1997.)