The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.1433

607.1433 Judgment of dissolution.—

(1) If after a hearing in a proceeding under s. 607.1430 the court determines that one or more grounds for judicial dissolution described in s. 607.1430 exist, it may enter a judgment dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the judgment to the department, which shall file it.

(2) After entering the judgment of dissolution, the court shall direct the winding up and liquidation of the corporation’s business and affairs in accordance with s. 607.1405 and the notification of claimants in accordance with ss. 607.1406 and 607.1407, subject to the provisions of subsection (3).

(3) In a proceeding for judicial dissolution, the court may require all creditors of the corporation to file with the clerk of the court or with the receiver, in such form as the court may prescribe, proofs under oath of their respective claims. If the court requires the filing of claims, it shall fix a date, which shall be not less than 4 months from the date of the order, as the last day for filing of claims. The court shall prescribe the method by which such notice of the deadline for filing claims shall be given to creditors and claimants. Prior to the date so fixed, the court may extend the time for the filing of claims by court order. Creditors and claimants failing to file proofs of claim on or before the date so fixed shall be barred from participating in the distribution of the assets of the corporation. Nothing in this section affects the enforceability of any recorded mortgage or lien or the perfected security interest or rights of a person in possession of real or personal property.

History.—s. 134, ch. 89-154; s. 158, ch. 90-179; s. 38, ch. 93-281; s. 192, ch. 2019-90.

F.S. 607.1433 on Google Scholar

F.S. 607.1433 on Casetext

Amendments to 607.1433

Arrestable Offenses / Crimes under Fla. Stat. 607.1433

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.1433.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JONES, v. PFAFF,, 77 So. 3d 884 (Fla. Dist. Ct. App. 2012)

. . . .” § 607.1433(2). . . . It does not use the same language used in section 607.1433, which addresses what a trial court shall . . . Section 607.1433(2) specifically states that after finding a ground for dissolution and “[a]f-ter entering . . .

GESLING, L. v. L. HYDE, INNER CIRCLE, INC. v. L. HYDE,, 661 So. 2d 36 (Fla. Dist. Ct. App. 1995)

. . . Under section 607.1433(2), “the court shall direct the winding up and liquidation of the corporation’ . . .