The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 678
UNIFORM COMMERCIAL CODE: INVESTMENT SECURITIES

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F.S. 678.4051

678.4051 Replacement of lost, destroyed, or wrongfully taken security certificate.—

(1) If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been lost, destroyed, or wrongfully taken, the issuer shall issue a new certificate if the owner:

(a) So requests before the issuer has notice that the certificate has been acquired by a protected purchaser.

(b) Files with the issuer a sufficient indemnity bond.

(2) If, after the issue of a new security certificate, a protected purchaser of the original certificate presents it for registration of transfer, the issuer shall register the transfer unless an overissue would result. In that case, the issuer’s liability is governed by s. 678.2101. In addition to any rights on the indemnity bond, an issuer may recover the new certificate from a person to whom it was issued or any person taking under that person, except a protected purchaser.

History.—s. 4, ch. 98-11.

F.S. 678.4051 on Google Scholar

F.S. 678.4051 on Casetext

Amendments to 678.4051

Arrestable Offenses / Crimes under Fla. Stat. 678.4051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 678.4051.

Annotations, Discussions, Cases:

Cases from cite.case.law:

G. SCHANCK, v. M. GAYHART L. Co- He, 245 So. 3d 970 (Fla. App. Ct. 2018)

. . . See § 678.4051, Fla. Stat. . . .

STATE v. MOORE,, 892 So. 2d 1218 (Fla. Dist. Ct. App. 2005)

. . . The majority erroneously relies on the provisions of section 678.4051, Florida Statutes (2000), relating . . . Section 678.4051 is, however, altogether irrelevant to a determination of whether the owner of a certificated . . . majority is essentially construing the terms of section 817.562 in pari materia with those of section 678.4051 . . . provisions of 817.562 should be enforced solely in accordance with their terms without reference to section 678.4051 . . . certificates, except as to the right of a purchaser for value without notice to bring an action for damages. § 678.4051 . . . Section 678.4051(1), Florida Statutes (2000), provides that an owner of a certificated security is entitled . . . Id. § 678.4051(2). . . .