§ 678.1141, Fla. Stat. · Part I. SHORT TITLE AND GENERAL MATTERS
Evidentiary rules concerning certificated securities.
Text — 2026 Florida Statutes
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.
Notes and commentary — not statutory text
History
s. 1, ch. 98-11.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0678/0678.html
- Text hash
- sha256 93bc922c6f57c16db1aa2c7033cdeb14b1a6ec83d62e4248f5375c082f4f0008
- Composed by
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.