(1) The board of directors of a bank or trust company must consist of at least five directors, each of whom must be elected, except in cases in which a director must be appointed to fill a vacancy. Elections are to be held at the annual meeting of stockholders or at a special meeting; however, if authorized by the articles of incorporation, a majority of the full board of directors may, at any time during the year following the annual meeting of shareholders, increase the number of directors of the bank or trust company by not more than two and appoint persons to fill the resulting vacancies.
(2) Not less than a majority of the directors must, during their whole term of service, be citizens of the United States, and at least a majority of the directors must have resided in this state for at least 1 year preceding their election and must be residents therein during their continuance in office. In the case of a bank or trust company with total assets of less than $150 million, at least one, and in the case of a bank or trust company with total assets of $150 million or more, two of the directors who are not also officers of the bank or trust company must have had at least 1 year of direct experience as an executive officer, regulator, or director of a financial institution within the last 5 years.
(3) Within 30 days following the annual meeting or any other meeting at which directors or officers are elected, the bank or trust company must submit to the office the names and residence addresses of those persons on a form adopted by the commission and provided by the office.
(4) Each director, upon assuming office, must acknowledge that he or she is familiar with his or her responsibilities as a director and that he or she will diligently and honestly administer the affairs of the bank or trust company and will not knowingly violate, or willfully permit to be violated, any of the provisions of the financial institutions codes or pertinent rules of the commission. The signed copy of such oath must be filed with the office within 30 days after election.
(5) The president, chief executive officer, or any other person, regardless of title, who has equivalent rank or leads the overall operations of a bank or trust company must have had at least 1 year of direct experience as an executive officer, director, or regulator of a financial institution within the last 5 years. This requirement may be waived by the office after considering the overall experience and expertise of the proposed officer and the condition of the bank or trust company, as reflected in the most recent regulatory examination report and other available data.
History.—s. 2, ch. 28016, 1953; s. 1, ch. 65-34; ss. 12, 35, ch. 69-106; s. 1, ch. 71-168; s. 3, ch. 76-168; s. 2, ch. 76-177; s. 1, ch. 77-457; s. 1, ch. 79-53; ss. 23, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 17, ch. 89-229; s. 1, ch. 90-197; s. 1, ch. 91-307; ss. 1, 117, ch. 92-303; s. 1, ch. 96-226; s. 1760, ch. 97-102; s. 1779, ch. 2003-261; s. 16, ch. 2004-340; s. 99, ch. 2004-390; s. 2, ch. 2018-48.
Note.—Former s. 659.11.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
Chapter 658 - Banks and Trust Companies
658.16 - Creation of Banking or Trust Corporation.
658.165 - Banker’s Banks; Formation; Applicability of Financial Institutions Codes; Exceptions.
658.19 - Application for Authority to Organize a Bank or Trust Company.
658.20 - Investigation by Office.
658.21 - Approval of Application; Findings Required.
658.22 - Coordination With Federal Agencies.
658.235 - Subscriptions for Stock; Approval of Major Shareholders.
658.24 - Organizational Procedures.
658.25 - Opening for Business.
658.26 - Places of Transacting Business; Branches; Facilities.
658.27 - Control of Bank or Trust Company; Definitions and Related Provisions.
658.28 - Acquisition of Control of a Bank or Trust Company.
658.285 - Acquisition or Ownership of State Banks by International Banking Corporations.
658.2953 - Interstate Branching.
658.30 - Application of the Florida Business Corporation Act.
658.33 - Directors, Number, Qualifications; Officers.
658.34 - Shares of Capital Stock.
658.35 - Share Options; Warrants.
658.37 - Dividends and Surplus.
658.39 - Stockholders; Examination of Records.
658.40 - Definitions for Merger and Consolidation.
658.41 - Merger; Resulting State or National Bank.
658.42 - Plan of Merger and Merger Agreement.
658.43 - Approval by Office; Valuation of Assets; Emergency Action.
658.44 - Approval by Stockholders; Rights of Dissenters; Preemptive Rights.
658.45 - Certificate of Merger and Effective Date; Effect on Charters and Powers.
658.491 - Commercial Loans by Financial Institutions.
658.51 - Banks Authorized to Make Commodity Loans.
658.53 - Borrowing; Limits of Indebtedness.
658.60 - Depositories of Public Moneys and Pledge of Assets.
658.67 - Investment Powers and Limitations.
658.73 - Fees and Assessments.
658.79 - Taking Possession of Insolvent State Banks or Trust Companies.
658.80 - Appointment of Receiver or Liquidator.
658.81 - Office Action; Notice and Court Confirmation.
658.82 - Receiver; Powers and Duties.
658.83 - Liquidator; Powers and Duties.
658.84 - Transfers by Banks and Other Acts in Contemplation of Insolvency.
658.90 - Receivers or Liquidators Under Supervision of Office.
658.94 - Prima Facie Evidence.
658.95 - Voluntary Liquidation.