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Florida Statute 658.16 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 658.16 Case Law from Google Scholar Google Search for Amendments to 658.16

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING
Chapter 658
BANKS AND TRUST COMPANIES
View Entire Chapter
F.S. 658.16
658.16 Creation of banking or trust corporation.
(1) When authorized by the office, as provided herein, a corporation may be formed under the laws of this state for the purpose of becoming a state bank or a state trust company and conducting a general banking or trust business.
(2) A bank or trust company that is chartered as a limited liability company under the law of any state is deemed to be incorporated under the financial institutions codes if:
(a) The institution is not subject to automatic termination, dissolution, or suspension upon the occurrence of an event including the death, disability, bankruptcy, expulsion, or withdrawal of an owner of the institution, other than the passage of time;
(b) The exclusive authority to manage the institution is vested in a board of managers or directors that is elected or appointed by the owners which operates in substantially the same manner as, and has substantially the same rights, powers, privileges, duties, and responsibilities, as a board of directors of a bank or trust company chartered as a corporation; and
(c) Neither the laws of the state of the institution’s organization nor the institution’s operating agreement, bylaws, or other organizational documents:
1. Provide that an owner of the institution is liable for the debts, liabilities, or obligations of the institution in excess of the amount of the owner’s investment; or
2. Require the consent of any other owner of the institution in order for an owner to transfer an ownership interest in the institution, including voting rights.
(3) As used in the financial institutions codes, the term:
(a) “Stockholder” or “shareholder” includes an owner of any interest in a bank or trust company chartered as a limited liability company, including a member or participant;
(b) “Director” includes a manager or director of a bank or trust company chartered as a limited liability company, or other person who has, with respect to such a bank or trust company, authority substantially similar to that of a director of a corporation;
(c) “Officer” includes an officer of a bank or trust company chartered as a limited liability company, or other person who has, with respect to such a bank or trust company, authority substantially similar to that of an officer of a corporation;
(d) “Stock,” “voting stock,” “voting shares,” and “voting securities” includes similar ownership interests in a bank or trust company chartered as a limited liability company, including certificates or other evidence of ownership interests;
(e) “Articles of incorporation” or “bylaws” of a bank or trust company chartered as a limited liability company means the institution’s articles of organization and operating agreement or other organizational documentation that is substantially similar to that of a corporation;
(f) “Par value” of any ownership interest in a bank or trust company chartered as a limited liability company means the amount of capital which must be invested for each unit of ownership; and
(g) “Dividend” includes distributions of earnings to the owners of a bank or trust company chartered as a limited liability company.
History.s. 2, ch. 28016, 1953; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1761, ch. 2003-261; s. 13, ch. 2004-340; s. 96, ch. 2004-390.
Note.Former s. 659.01.

F.S. 658.16 on Google Scholar

F.S. 658.16 on Casetext

Amendments to 658.16


Arrestable Offenses / Crimes under Fla. Stat. 658.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 658.16.



Annotations, Discussions, Cases:

Cases Citing Statute 658.16

Total Results: 4

Hofrichter v. Zuckerman & Venditti

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-15T00:00:00-07:00

Citation: 710 So. 2d 127

Snippet: obtained six client checks in the amount of $46,658.16 which were payable to the former partnership, endorsed

Lewis v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 1990-11-08T23:53:00-08:00

Citation: 569 So. 2d 1342

Snippet: financial status. Using an imputed minimum wage of $658.16 per month and deducting taxes and FICA, however

Therber v. Travelers Fire Insurance

Court: Fla. | Date Filed: 1956-10-03T00:00:00-08:00

Citation: 89 So. 2d 794

Snippet: Rutgers Fire Ins. Co. v. Segler, Fla.1950, 44 So.2d 658, 16 A.L.R.2d 731, at page 736. DREW, C. J., and TERRELL

Atlantic National Bank v. Simpson

Court: Fla. | Date Filed: 1938-08-02T00:00:00-08:00

Citation: 188 So. 636, 136 Fla. 809, 1938 Fla. LEXIS 1379

Snippet: stockholders (Class A valuation) $329,080 (total taxes) $658.16." It is averred that the assessments are void