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§ 57a-8-114 — South Dakota Law | CourtGPT
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South Dakota Legal Code

§ 57a-8-114

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57A-8-114. 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. Source: SL 1998, ch 284, §1.