Fla. Stat. 662.123
Organizational documents; use of term “family trust” in name


(1)

The articles of incorporation, certificate of incorporation, or articles of organization of a family trust company or licensed family trust company must contain:The name adopted by the company, which must distinguish the company from any other trust company formed in this state or engaged in the business of a trust company, family trust company, or licensed family trust company in this state. If the term “trust” is included in the name adopted by a family trust company, it must be immediately preceded by the term “family” so as to distinguish the entity from a trust company operating under chapter 658. This paragraph does not apply to a foreign licensed family trust company using a fictitious name that is registered and maintained pursuant to s. 865.09 and that distinguishes it.The purpose for which the company is formed, which must clearly identify the restricted activities permissible to a family trust company or licensed family trust company under this chapter.A statement that the company will not offer its services to the general public.A statement affirming that the articles of incorporation, certificate of incorporation, or articles of organization will not be amended without prior written notice to the office.

(a)

The name adopted by the company, which must distinguish the company from any other trust company formed in this state or engaged in the business of a trust company, family trust company, or licensed family trust company in this state. If the term “trust” is included in the name adopted by a family trust company, it must be immediately preceded by the term “family” so as to distinguish the entity from a trust company operating under chapter 658. This paragraph does not apply to a foreign licensed family trust company using a fictitious name that is registered and maintained pursuant to s. 865.09 and that distinguishes it.

(b)

The purpose for which the company is formed, which must clearly identify the restricted activities permissible to a family trust company or licensed family trust company under this chapter.

(c)

A statement that the company will not offer its services to the general public.

(d)

A statement affirming that the articles of incorporation, certificate of incorporation, or articles of organization will not be amended without prior written notice to the office.

(2)

A proposed amendment to the articles of incorporation, articles of organization, certificate of formation, or certificate of organization of a family trust company or licensed family trust company must be submitted to the office for review at least 30 days before it is filed or effective. An amendment is not considered filed or effective if the office issues a notice of disapproval with respect to the proposed amendment.

(3)

The term “family trust” in the name adopted by a family trust company or licensed family trust company does not disqualify the name from being allowed under s. 605.0112 or s. 607.0401.

Source: Section 662.123 — Organizational documents; use of term “family trust” in name, https://www.­flsenate.­gov/Laws/Statutes/2024/0662.­123 (accessed Aug. 7, 2025).

662.10
Short title
662.102
Purposes
662.111
Definitions
662.112
Degrees of kinship
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
662.115
Applicability of chapter to a family trust company or foreign licensed family trust company
662.120
Maximum number of designated relatives
662.121
Application for licensed family trust company
662.122
Registration of a family trust company or a foreign licensed family trust company
662.123
Organizational documents
662.124
Minimum capital account required
662.125
Directors or managers
662.126
Fidelity bonds
662.127
Segregation of books, records, and assets
662.128
Annual renewal
662.129
Discontinuing business
662.130
Powers of family trust companies, licensed family trust companies, and foreign licensed family trust companies
662.131
Prohibitions
662.132
Investments
662.133
Oaths, affidavits, and acknowledgments
662.134
Unlawful to advertise services
662.135
Service as court-appointed fiduciary
662.140
Rules
662.141
Examination, investigations, and fees
662.142
Revocation of license
662.143
Cease and desist authority
662.144
Failure to submit required report
662.145
Grounds for removal
662.146
Confidentiality of books and records
662.147
Records relating to the office examination
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
662.1215
Investigation of license applicants
662.1225
Requirements for a family trust company, licensed family trust company, or foreign licensed family trust company
662.1465
Family trust company proceedings

Current through Fall 2025

§ 662.123. Organizational documents; use of term “family trust” in name's source at flsenate​.gov