Fla. Stat. 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:Expenses of the liquidation or the receivership estate;State claims;Approved claims for a “deposit,” as that term is defined in 12 U.S.C. s. 1813(l);Approved claims for other general creditors;Approved claims for obligations subordinate to deposits and other general liabilities; andShareholders’ claims in proportion to the stock held by them respectively or their interest therein as appearing.

(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.

Source: Section 658.84 — Transfers by banks and other acts in contemplation of insolvency, https://www.­flsenate.­gov/Laws/Statutes/2024/0658.­84 (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

§ 658.84. Transfers by banks & other acts in contemplation of insolvency's source at flsenate​.gov