The Florida Senate

678.104  Effect of overissue; "overissue."--

(1)  The provisions of this chapter which validate a security or compel its issue or reissue do not apply to the extent that validation, issue, or reissue would result in overissue; but if:

(a)  An identical security which does not constitute an overissue is reasonably available for purchase, the person entitled to issue or validation may compel the issuer to purchase the security for her or him and either to deliver a certificated security or to register the transfer of an uncertificated security to her or him, against surrender of any certificated security she or he holds; or

(b)  A security is not so available for purchase, the person entitled to issue or validation may recover from the issuer the price she or he or the last purchaser for value paid for it with interest from the date of her or his demand.

(2)  "Overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue.

History.--s. 1, ch. 65-254; s. 1, ch. 87-275; s. 647, ch. 97-102.

Note.--s. 8-104, U.C.C.