Florida Statutes
Chapter 658 - Banks and Trust Companies
658.41 - Merger; Resulting State or National Bank.


(1) Upon filing of an application with the office by the constituent banks or trust companies, and upon approval by the office, banks and state trust companies may be merged with a resulting state bank or state trust company, as prescribed in this code, except that the action by a constituent national bank shall be taken in the manner prescribed by, and shall be subject to, any limitations or requirements imposed by any law of the United States applicable thereto, which shall also govern the rights of its dissenting shareholders; and the terms and provisions of the plan of merger and merger agreement required by s. 658.42, as they relate to a constituent national bank, shall conform with such federal laws. The application shall be accompanied by a plan of merger and merger agreement as provided in s. 658.42.
(2) The laws of this state do not restrict the right of a state bank or state trust company to merge with a resulting national bank or out-of-state bank. In such case the action to be taken by a constituent state bank or state trust company, and its rights and liabilities and those of its shareholders, are the same as those prescribed for constituent national banks at the time of the action by the applicable federal law and not the law of this state.
History.—s. 4, ch. 28016, 1953; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 31, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1786, ch. 2003-261; s. 27, ch. 2011-194.
Note.—Former s. 661.02.

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.