(1) If a liquidator or receiver is appointed for a trust company or a state bank or association having a trust department, the liquidator or receiver shall, pursuant to the instructions of the office and the orders of any court and the federal regulatory agency having jurisdiction, proceed to close such fiduciary accounts as can be closed promptly and transfer all other fiduciary accounts to substitute fiduciaries.
(2) If a trust company or a state bank or association having a trust department is placed in voluntary liquidation, the liquidating agent shall, in accordance with applicable law, proceed at once to liquidate the affairs of the trust company and the trust department with respect to its fiduciary accounts, as follows:
(a) All fiduciary accounts over which a court is exercising jurisdiction shall be closed or disposed of as soon as practicable in accordance with the orders or instructions of such court; and
(b) All other fiduciary accounts which can be closed promptly shall be closed as soon as practicable and final accounting shall be made therefor, and all remaining accounts shall be transferred to substitute fiduciaries in accordance with law.
History.—ss. 146, 152, ch. 80-260; ss. 2, 3, ch. 81-318; s. 1, ch. 91-307; s. 1, ch. 92-303; s. 1814, ch. 2003-261.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
660.26 - Trust Department Licensing.
660.27 - Deposit of Securities With Chief Financial Officer.
660.28 - Exemption From Bond and Other Security as Fiduciary.
660.29 - Use of Personnel and Facilities.
660.30 - Segregation of Books, Records, and Assets; Fiduciary Assets Not Liable.
660.31 - General Trust Business by Trust Companies and Departments.
660.33 - Trust Service Offices.
660.35 - Oaths, Affidavits, and Acknowledgments.
660.36 - Fiduciary Agency Contracts.
660.37 - Security for Deposit of Fiduciary Funds.
660.38 - Loans by and to Fiduciary Accounts.
660.39 - Sales Between Fiduciary Accounts.
660.41 - Corporations; Certain Fiduciary Functions Prohibited.
660.415 - Investment by Trust Companies, Trust Departments, Trustees, and Fiduciaries.
660.418 - Investment of Fiduciary Funds in Syndicate Securities.
660.42 - Establishment of Common Trust Funds.
660.43 - Common Trust Fund Investments.
660.431 - Prudent Investor Rule.
660.44 - Common Trust Fund to Be Audited Annually.
660.45 - Common Trust Fund Court Accountings.
660.46 - Substitution of Fiduciaries.