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Florida Statute 660.40 | Lawyer Caselaw & Research
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F.S. 660.40 Case Law from Google Scholar Google Search for Amendments to 660.40

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING
Chapter 660
TRUST BUSINESS
View Entire Chapter
F.S. 660.40
660.40 Self dealing.
(1) Except as provided in s. 660.37, funds held by a trust company or a trust department shall not be invested in the obligations or securities of the trust company or of the bank or association of which the trust department is a part unless authorized by the governing instrument or by court order; however, if the retention of obligations or securities of the trust company or the bank or association of which the trust department is a part is authorized by the governing instrument or by court order, the trust company or trust department in its fiduciary capacity may exercise rights to purchase securities of the trust company or of the bank or association of which the trust department is a part, when offered pro rata to stockholders; and when the exercise of rights or receipt of a stock dividend results in fractional share holdings, additional fractional shares may be purchased to complement the fractional shares so acquired.
(2) Assets of a fiduciary account held by a trust company or a trust department shall not be sold or transferred, by loan or otherwise, to the trust company or the bank or association of which the trust department is a part or to its directors, officers, or employees except:
(a) When lawfully authorized by the governing instrument or by court order;
(b) As provided in ss. 660.42-660.45;
(c) With the approval of, or when required by, the office in order to prevent loss to a fiduciary account in any case where the trust company or the trust department has incurred a liability in the handling of the assets of the fiduciary account.
History.ss. 138, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1812, ch. 2003-261.

F.S. 660.40 on Google Scholar

F.S. 660.40 on Casetext

Amendments to 660.40


Arrestable Offenses / Crimes under Fla. Stat. 660.40
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 660.40.



Annotations, Discussions, Cases:

Cases Citing Statute 660.40

Total Results: 1

Foster v. Weber

Court: District Court of Appeal of Florida | Date Filed: 1991-05-02

Citation: 578 So. 2d 857, 1991 Fla. App. LEXIS 3930, 1991 WL 66667

Snippet: agreements and promissory notes in the amount of $65,-660.40 payable over 60 months. The assignment agreement