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Florida Statute 679.3051 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS
View Entire Chapter
F.S. 679.3051
679.3051 Law governing perfection and priority of security interests in investment property.
(1) Except as otherwise provided in subsection (3), the following rules apply:
(a) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.
(b) The local law of the issuer’s jurisdiction as specified in s. 678.1101(4) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.
(c) The local law of the securities intermediary’s jurisdiction as specified in s. 678.1101(5) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.
(d) The local law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.
(2) The following rules determine a commodity intermediary’s jurisdiction for purposes of this part:
(a) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code, that jurisdiction is the commodity intermediary’s jurisdiction.
(b) If paragraph (a) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
(c) If neither paragraph (a) nor paragraph (b) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.
(d) If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.
(e) If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.
(3) The local law of the jurisdiction in which the debtor is located governs:
(a) Perfection of a security interest in investment property by filing;
(b) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and
(c) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.
History.s. 3, ch. 2001-198.

F.S. 679.3051 on Google Scholar

F.S. 679.3051 on Casetext

Amendments to 679.3051


Arrestable Offenses / Crimes under Fla. Stat. 679.3051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 679.3051.



Annotations, Discussions, Cases:

Cases Citing Statute 679.3051

Total Results: 1

Element Financial Corp. v. Marcinkoski Gradall, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-03-29

Citation: 215 So. 3d 1252, 92 U.C.C. Rep. Serv. 2d (West) 336, 2017 WL 1175879, 2017 Fla. App. LEXIS 4194

Snippet: jurisdiction designated in s. 679.3011(1) or s. 679.3051(3) remains perfected until the earliest of: (a)