Tex. Business & Commerce Code § 8.114
EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES
Texas · Texas Business & Commerce Code · Status: effective
Cite this
- Citation
- Tex. Business & Commerce Code § 8.114, EVIDENTIARY RULES CONCERNING CERTIFICATED SECURITIES, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/630180
- Permanent ID
ys:prov:630180@1- SHA-256
5b8b0e44ec490ff44956dc840b5ffb34ea3cf27866bc85e8e12af7d47fd2fb15
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
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.