Florida Statutes
Chapter 658 - Banks and Trust Companies
658.34 - Shares of Capital Stock.


(1) A bank or trust company shall issue its capital stock with par value of not less than $1 per share.
(2) No bank or trust company shall issue any shares of capital stock at a price less than par value, and prior to issuance, any such shares must be fully paid in cash.
(3) With the approval of the office, a bank or trust company may issue preferred stock of one or more classes in an amount and with a par value as approved by the office.
(4) With the approval of the office, a bank or trust company may issue less than all the number of shares of any of its capital stock authorized by its articles of incorporation. Such authorized but unissued shares may be issued only for the following purposes:
(a) To provide for stock options and warrants as provided in s. 658.35.
(b) To declare or pay a stock dividend; however, any such stock dividend must comply with the provisions of this section and s. 658.37.
(c) To increase the capital of the bank or trust company.

(5) Stock of the same class may not be issued or sold by the financial institution that creates different rights, options, warrants, or benefits among the purchasers or stockholders of that class of stock. Such prohibition does not restrict the financial institution from creating uniform restrictions on the transfer of stock as permitted in s. 607.0627.
History.—s. 2, ch. 28016, 1953; ss. 12, 35, ch. 69-106; s. 1, ch. 70-409; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 24, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; ss. 1, 118, ch. 92-303; s. 12, ch. 93-111; s. 16, ch. 2001-243; s. 1780, ch. 2003-261; s. 13, ch. 2008-75.
Note.—Former s. 659.08.

Structure Florida Statutes

Florida Statutes

Title XXXVIII - Banks and Banking

Chapter 658 - Banks and Trust Companies

658.12 - Definitions.

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.

658.23 - Submission of Articles of Incorporation; Contents; Form; Approval; Filing; Commencement of Corporate Existence; Bylaws.

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.

658.32 - Annual Meetings.

658.33 - Directors, Number, Qualifications; Officers.

658.34 - Shares of Capital Stock.

658.35 - Share Options; Warrants.

658.36 - Changes in Capital.

658.37 - Dividends and Surplus.

658.38 - Deposit Insurance.

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.

658.48 - Loans.

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.

658.96 - Procedure in Voluntary Liquidation.

658.995 - Credit Card Bank Act.