Florida Statutes

Fla. Stat. § 609.01 (2025)

Common-law declaration of trust.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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609.01 Common-law declaration of trust.—Two or more persons, whether residents of this state or not, may organize and associate themselves together for the purpose of transacting business in this state under what is commonly designated or known as a “declaration of trust”; provided, however, no such association shall ever be permitted or authorized to transact a banking or security business, of any kind, in this state.

History.—s. 1, ch. 9125, 1923; s. 1, ch. 11995, 1927; CGL 7091.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1975–2022 · leading case: Mayo v. Barnett Bank of Pensacola, 448 F. Supp. 250 (N.D. Fla. 1978).

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Mayo v. Barnett Bank of Pensacola, 448 F. Supp. 250 (N.D. Fla. 1978). · cites it 2× “Massachusetts Business Trusts are also recognized by statute, F.S. § 609.01 — § 609.08. Comparison of the statutes indicates the attributes of the two types are considerably different, with the Massachusetts Trust having more of the characteristics normally associated with a…”

In Re Mohan Kutty Trust, 134 B.R. 987 (Bankr. M.D. Fla. 1991). “§ 609.01. Trusts which are organized in order to transact business must file with the Department of State a “true and correct” copy of the declaration of trust under which the association proposes to conduct business.”

Your Constr. Ctr., Inc. v. Dominion Mortg. & Realty Trust, 402 F. Supp. 757 (S.D. Fla. 1975). “The following sections of Chapter 609 are relevant: § 609.01 Common law declaration of trust.”

Hazelton Trust (Bankr. S.D. Florida 2022). “Florida Statue § 609.01 provides that two or more persons “may organize and associate themselves together for the purpose of transacting business in this state” under a declaration of trust.”

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