Florida Statute 658.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 658
BANKS AND TRUST COMPANIES

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F.S. 658.41

658.41 Merger; resulting state or national bank.—

(1) Upon filing of an application with the office by the constituent banks or trust companies, and upon approval by the office, banks and state trust companies may be merged with a resulting state bank or state trust company, as prescribed in this code, except that the action by a constituent national bank shall be taken in the manner prescribed by, and shall be subject to, any limitations or requirements imposed by any law of the United States applicable thereto, which shall also govern the rights of its dissenting shareholders; and the terms and provisions of the plan of merger and merger agreement required by s. 658.42, as they relate to a constituent national bank, shall conform with such federal laws. The application shall be accompanied by a plan of merger and merger agreement as provided in s. 658.42.

(2) The laws of this state do not restrict the right of a state bank or state trust company to merge with a resulting national bank or out-of-state bank. In such case the action to be taken by a constituent state bank or state trust company, and its rights and liabilities and those of its shareholders, are the same as those prescribed for constituent national banks at the time of the action by the applicable federal law and not the law of this state.

History.—s. 4, ch. 28016, 1953; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 31, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1786, ch. 2003-261; s. 27, ch. 2011-194.

Note.—Former s. 661.02.

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Amendments to 658.41

Arrestable Offenses / Crimes under Fla. Stat. 658.41

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 658.41.

Annotations, Discussions, Cases:

Cases Citing Statute 658.41

Total Results: 7

Lewis v. Nical of Palm Beach, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-01T00:53:00-07:00

Citation: 959 So. 2d 745

Snippet: See also Ex parte Lennon, 166 U.S. 548, 17 S.Ct. 658, 41 L.Ed. 1110 (1897) (upholding finding of contempt

Hill, Darlington & Grimm v. Duggar

Court: Fla. Dist. Ct. App. | Date Filed: 1965-08-11T00:00:00-07:00

Citation: 177 So. 2d 734

Snippet: out in Ex parte Lennon, 166 U.S. 548, 17 S.Ct. 658, 41 L.Ed. 1110 as follows : “The facts that petitioner

Alger v. Peters

Court: Fla. | Date Filed: 1956-04-03T23:53:00-08:00

Citation: 88 So. 2d 903

Snippet: settled law. Ex parte Lennon, 166 U.S. 548, 17 S.Ct. 658, 41 L.Ed. 1110; Conkey Co. v. Russell, C.C., 111 F.… us to Ex parte Lennon, 166 U.S. 548, 17 S.Ct. 658, 41 L.Ed. 1110. The Lennon decision clearly illustrates

Martha Bright Farms, Inc. v. Broward County Port Authority

Court: Fla. | Date Filed: 1934-09-04T00:00:00-08:00

Citation: 158 So. 70, 117 Fla. 361

Snippet: City So. Ry. v. Road Imp. Dist. No. 6, 256 U.S. 658,41 Sup. Ct. 604, 65 L.Ed. 1151. See also C. H. N.

Martin v. Dade Muck Land Co.

Court: Fla. | Date Filed: 1928-03-26T00:00:00-08:00

Citation: 116 So. 449, 95 Fla. 530

Snippet: . Dist. No. 6 of Little River County, 256 U.S. 658, 41 Sup. Ct. Rep. 604; Thomas v. Kansas City Southern

Consolidated Land Co. v. Tyler

Court: Fla. | Date Filed: 1924-05-15T00:00:00-08:00

Citation: 88 Fla. 14, 101 So. 280

Snippet: 6 of Little River County, Arkansas, 256 U. S. 658, 41 Sup. Ct. Rep. 604; Thomas v. Kansas City Southern

Atlantic Coast Line Railroad v. City of Gainesville

Court: Fla. | Date Filed: 1922-02-22T00:00:00-08:00

Citation: 83 Fla. 275, 29 A.L.R. 668, 91 So. 118, 1922 Fla. LEXIS 551

Snippet: City So. Ry. v. Road Imp. Dist. 6, 256, U. S. 658, 41 Sup. Ct. Rep. 604, decided June 6, 1921; 8 McQuillin