(1) Exclusive authority to manage a family trust company or licensed family trust company is vested in a board of directors, if a corporation, or a board of directors or managers, if a limited liability company.
(2) A family trust company or licensed family trust company shall have at least three directors, if a corporation, or three directors or managers, if a limited liability company. At least one director or manager of the company must be a resident of this state.
(3) The licensed family trust company shall notify the office of the proposed appointment of an individual to the board of directors or addition as a member, or the appointment or employment of an individual as an officer or manager or member acting in a managerial capacity or equivalent position, at least 60 days before such appointment or employment becomes effective, if the company:
(a) Has been licensed for less than 2 years.
(b) Has undergone a change in control within the preceding 2 years.
(c) Is operating under a cease and desist order.
The notification must include the name and such biographical information as the office may reasonably require.
(4) A licensed family trust company may not appoint an individual to the board of directors, add a member, or appoint or employ an officer or manager or member acting in a managerial capacity or equivalent, if the office issues a notice of disapproval with respect to that person.
(5) The office shall issue a notice of disapproval if the office finds that the proposed appointment or employment of a person would otherwise cause the licensed family trust company to violate any of the requirements set forth in s. 662.121(10)(b)-(d) or s. 662.1215(2)(a).
History.—s. 16, ch. 2014-97.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
Chapter 662 - Family Trust Companies
662.113 - Applicability of Other Chapters of the Financial Institutions Codes.
662.114 - Family Trust Company and Foreign Licensed Family Trust Company Licensing Not Required.
662.120 - Maximum Number of Designated Relatives.
662.121 - Application for Licensed Family Trust Company; Fees.
662.1215 - Investigation of License Applicants.
662.122 - Registration of a Family Trust Company or a Foreign Licensed Family Trust Company.
662.123 - Organizational Documents; Use of Term “Family Trust” in Name.
662.124 - Minimum Capital Account Required.
662.125 - Directors or Managers.
662.126 - Fidelity Bonds; Insurance.
662.127 - Segregation of Books, Records, and Assets; Fiduciary Assets Not Liable.
662.129 - Discontinuing Business.
662.133 - Oaths, Affidavits, and Acknowledgments.
662.134 - Unlawful to Advertise Services.
662.135 - Service as Court-Appointed Fiduciary; Bond Requirement.
662.141 - Examination, Investigations, and Fees.
662.142 - Revocation of License.
662.143 - Cease and Desist Authority.
662.144 - Failure to Submit Required Report; Fines.
662.145 - Grounds for Removal.
662.146 - Confidentiality of Books and Records.
662.1465 - Family Trust Company Proceedings; Public Records Exemption.
662.147 - Records Relating to the Office Examination; Limited Restrictions on Public Access.
662.148 - Public Records Exemption.
662.150 - Domestication of a Foreign Family Trust Company.
662.151 - Registration of a Foreign Licensed Family Trust Company to Operate in This State.