Michigan Compiled Laws
Mich. Comp. Laws § 451.2503 (2026)
Civil action or administrative proceeding; burden of proof.
✓ current as of July 2026
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UNIFORM SECURITIES ACT (2002)
Act 551 of 2008
451.2503 Civil action or administrative proceeding; burden of proof.
Sec. 503.
(1) 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 exemption, exception, preemption, or exclusion.
(2) In a criminal proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim.
History: 2008, Act 551, Eff. Oct. 1, 2009
Compiler's Notes:
For transfer of securities division of office of finance and insurance regulation from office of finance and insurance regulation to department of licensing and regulatory affairs, see E.R.O. No. 2012-6, compiled at MCL 445.2034.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2017–2023 · leading case: People of Michigan v. Joel Irwing Wilson (Mich. Ct. App. 2017).
People of Michigan v. Joel Irwing Wilson (Mich. Ct. App. 2017). “” MCL 451.2503. Our Supreme Court interpreted a provision similar to § 503 in the former act12 to mean that once the state establishes a prima facie case of statutory violation, the burden of going forward, i.”
People of Michigan v. Joel Irwing Wilson (Mich. Ct. App. 2017). “” MCL 451.2503. Our Supreme Court interpreted a provision similar to § 503 in the former act12 to mean that once the state establishes a prima facie case of statutory violation, the burden of going forward, i.”
La Developers LLC v. Dept of Licensing & Regulatory Affairs (Mich. Ct. App. 2023). “32 Accordingly, a party ought to have the opportunity to rebut the presumption that a note is a security subject to the Securities Act by demonstrating that issuance of the note did not involve an investment transaction but instead involved an ordinary loan transaction.”
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