409.5-503. Evidentiary burden. — (a) In a civil action or administrative proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.
(b) In a criminal proceeding under this act, a person claiming an exception or exclusion from definition has the burden of injecting the issue pursuant to section 556.051*, and a person claiming an exemption or qualification as a federal covered security has the burden of proving the claim as an affirmative defense pursuant to section 556.056*.
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(L. 2003 H.B. 380)
Effective 9-01-03, see § 409.7-701
*Sections 556.051 and 556.056 were repealed by S.B. 491, 2014, effective 1-01-17.
---- end of effective 01 Sep 2003 ----
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