Florida Statutes

Fla. Stat. § 607.0741 (2025)

Standing.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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607.0741 Standing.—

(1) A shareholder may not commence a derivative proceeding unless the shareholder is a shareholder at the time the action is commenced and:

(a) Was a shareholder when the conduct giving rise to the action occurred; or

(b) Whose status as a shareholder devolved on the person through transfer or by operation of law from one who was a shareholder when the conduct giving rise to the action occurred.

(2) In ss. 607.0741-607.0747, the term “shareholder” means a record shareholder, a beneficial shareholder, or an unrestricted voting trust beneficial owner.

History.—s. 73, ch. 2019-90.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2022–2025 · leading case: Daren C. Daly (Bankr. S.D. Florida 2023).

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Daren C. Daly (Bankr. S.D. Florida 2023). · cites it 2× “113 See Fla. Stat. § 607.0741 (“(1) A shareholder may not commence a derivative proceeding unless the shareholder is a shareholder at the time the action is commenced and: (a) Was a shareholder when the conduct giving rise to the action occurred; or (b) Whose status as a…”

Daly v. Daly (Bankr. S.D. Florida 2023). · cites it 2× “113 See Fla. Stat. § 607.0741 (“(1) A shareholder may not commence a derivative proceeding unless the shareholder is a shareholder at the time the action is commenced and: (a) Was a shareholder when the conduct giving rise to the action occurred; or (b) Whose status as a…”

Roy v. Scherr (M.D. Fla. 2025). · cites it 2× “1(b)(1) and Florida Statute § 607.0741 instruct that a plaintiff bringing a derivative action must have been a shareholder at the time of the complained-of conduct.”

Christoff v. Inglese (M.D. Fla. 2022). “§ 607.0741 (1) (explaining who qualifies as a shareholder).”

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