Florida Statutes
Chapter 658 - Banks and Trust Companies
658.84 - Transfers by Banks and Other Acts in Contemplation of Insolvency.


(1) Any and all transfers of the notes, bonds, bills of exchange, or other evidences of debt owing to any bank or trust company or of deposits to its credit; all assignments of mortgages, securities, or real estate or of any judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use or for the use of any of its stockholders or creditors; and all payments of money to either, made after the commission of an act of insolvency or in contemplation thereof made with a view to the preference of one creditor to another shall be void.
(2) Unsecured claims for payment against any financial institution shall have the following priority for any distribution made after July 3, 1992:
(a) Expenses of the liquidation or the receivership estate;
(b) State claims;
(c) Approved claims for a “deposit,” as that term is defined in 12 U.S.C. s. 1813(l);
(d) Approved claims for other general creditors;
(e) Approved claims for obligations subordinate to deposits and other general liabilities; and
(f) Shareholders’ claims in proportion to the stock held by them respectively or their interest therein as appearing.

(3) Except in any action brought by the office, no attachment, injunction, or execution shall be enforced against such financial institution or any of its property before final judgment in any suit, action, or proceeding in any state or federal court.
History.—s. 4, ch. 28016, 1953; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 107, 151, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; ss. 1, 213, ch. 92-303; s. 1801, ch. 2003-261.
Note.—Former s. 661.20.

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.