The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 8-114)
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§ 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. (Added 1995, No. 92 (Adj. Sess.), § 1, eff. Jan. 1, 1997.)