The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 678
UNIFORM COMMERCIAL CODE: INVESTMENT SECURITIES

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F.S. 678.3011

678.3011 Delivery.—

(1) Delivery of a certificated security to a purchaser occurs when:

(a) The purchaser acquires possession of the security certificate;

(b) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or

(c) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is registered in the name of the purchaser, payable to the order of the purchaser, or specially indorsed to the purchaser by an effective indorsement and has not been endorsed to the securities intermediary or in blank.

(2) Delivery of an uncertificated security to a purchaser occurs when:

(a) The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or

(b) Another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.

History.—s. 3, ch. 98-11; s. 22, ch. 2001-198.

F.S. 678.3011 on Google Scholar

F.S. 678.3011 on Casetext

Amendments to 678.3011

Arrestable Offenses / Crimes under Fla. Stat. 678.3011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 678.3011.

Annotations, Discussions, Cases:

Cases from cite.case.law:

P. SEIDLER C. v. WELLS FARGO BANK, N. A. N. A., 179 So. 3d 416 (Fla. Dist. Ct. App. 2015)

. . . Wachovia’s standing,, as a holder under section 678.3011(1), Florida Statutes, could, thus have been . . .

HSBC BANK USA, N. A. v. PEREZ, G. N. A. U. S. N. A. N. A. N. A. WMALT, 165 So. 3d 696 (Fla. Dist. Ct. App. 2015)

. . . security interest in certificated securities by taking delivery of the certificated securities under s. 678.3011 . . .

SEFFAR, v. RESIDENTIAL CREDIT SOLUTIONS, INC., 160 So. 3d 122 (Fla. Dist. Ct. App. 2015)

. . . of the note conferred the right to enforce it: HSBC was thus left to enforce the note under section 678.3011 . . .

GUTHARTZ, v. PARK CENTRE WEST CORP., 409 F. App'x 248 (11th Cir. 2010)

. . . . § 678.3011(2)(a)-(b) (defining “delivery” for uncertified securities by registration with the corporation . . .