Florida Statute 678.4051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 678.4051

Total Results: 2

John G. Schanck v. William M. Gayhart and Debra L. Buchanan, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-30T00:53:00-07:00

Snippet: request from the owner of the certificate. See § 678.4051, Fla. Stat. (providing procedure for reissuance

State v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-15T00:00:00-08:00

Citation: 892 So. 2d 1218, 2005 Fla. App. LEXIS 1444, 2005 WL 350321

Snippet: erroneously relies on the provisions of section 678.4051, Florida Statutes (2000), relating to the replacement… the order dismissing the information. Section 678.4051 is, however, altogether irrelevant to a determination…817.562 in pari materia with those of sec*1221tion 678.4051. Such a construction, however, is inapplicable… with their terms without reference to section 678.4051. The latter statute, placed under part IV of chapter…without notice to bring an action for damages. § 678.4051, Fla. Stat. Ann., UCC Comment 2 (West 2003). By