Fla. Stat. 658.83
Liquidator; powers and duties


(1)

When the Federal Deposit Insurance Corporation or other appropriate federal agency is appointed liquidator or makes a decision to liquidate a bank of which it has been appointed receiver, it may proceed independently with liquidation pursuant to its rules and regulations.

(2)

Any other liquidator appointed pursuant to s. 658.80 shall, subject to the supervision of the office, have the power to:Take possession of the books, records, and assets of every description of the bank or trust company and sue for and collect all debts, dues, and claims belonging to the bank or trust company;Sue for and defend, compromise, and settle all claims involving the bank or trust company;Subject to approval by the circuit court, sell any or all of the real and personal property of the bank or trust company and sell or compound all bad or doubtful debts;Pay all expenses incurred in the liquidation process, which expenses shall be a first charge against the assets of the bank or trust company and shall be fully paid before any final distribution or payment of dividends to creditors, shareholders, or stockholders;Borrow such sum of money as may be necessary or expedient in aiding in the liquidation of the bank or trust company and, in connection therewith, to secure such borrowings by the pledge, hypothecation, or mortgage of the assets of the bank or trust company; andIf necessary to pay the debts of such bank or trust company, sue for and enforce the individual liability of the stockholders.

(a)

Take possession of the books, records, and assets of every description of the bank or trust company and sue for and collect all debts, dues, and claims belonging to the bank or trust company;

(b)

Sue for and defend, compromise, and settle all claims involving the bank or trust company;

(c)

Subject to approval by the circuit court, sell any or all of the real and personal property of the bank or trust company and sell or compound all bad or doubtful debts;

(d)

Pay all expenses incurred in the liquidation process, which expenses shall be a first charge against the assets of the bank or trust company and shall be fully paid before any final distribution or payment of dividends to creditors, shareholders, or stockholders;

(e)

Borrow such sum of money as may be necessary or expedient in aiding in the liquidation of the bank or trust company and, in connection therewith, to secure such borrowings by the pledge, hypothecation, or mortgage of the assets of the bank or trust company; and

(f)

If necessary to pay the debts of such bank or trust company, sue for and enforce the individual liability of the stockholders.

(3)

Such liquidator shall pay all moneys received to the Chief Financial Officer to be held as a special deposit for the use and benefit of the creditors subject to the order of the office and also shall make reports quarterly, or when called upon, to the office of all her or his acts and proceedings.

Source: Section 658.83 — Liquidator; powers and duties, https://www.­flsenate.­gov/Laws/Statutes/2024/0658.­83 (accessed Aug. 7, 2025).

658.12
Definitions
658.16
Creation of banking or trust corporation
658.19
Application for authority to organize a bank or trust company
658.20
Investigation by office
658.21
Approval of application
658.22
Coordination with federal agencies
658.23
Submission of articles of incorporation
658.24
Organizational procedures
658.25
Opening for business
658.26
Places of transacting business
658.27
Control of bank or trust company
658.28
Acquisition of control of a bank or trust company
658.30
Application of the Florida Business Corporation Act
658.32
Annual meetings
658.33
Directors, number, qualifications
658.34
Shares of capital stock
658.35
Share options
658.36
Changes in capital
658.37
Dividends and surplus
658.38
Deposit insurance
658.39
Stockholders
658.40
Definitions for merger and consolidation
658.41
Merger
658.42
Plan of merger and merger agreement
658.43
Approval by office
658.44
Approval by stockholders
658.45
Certificate of merger and effective date
658.48
Loans
658.51
Banks authorized to make commodity loans
658.53
Borrowing
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
658.82
Receiver
658.83
Liquidator
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
658.165
Banker’s banks
658.235
Subscriptions for stock
658.285
Acquisition or ownership of state banks by international banking corporations
658.491
Commercial loans by financial institutions
658.995
Credit Card Bank Act
658.2953
Interstate branching

Current through Fall 2025

§ 658.83. Liquidator; powers & duties's source at flsenate​.gov