Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2010 Florida Statutes

Title XXXIX COMMERCIAL RELATIONS
Chapter 673 UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS Entire Chapter
SECTION 3071
Notice of breach of fiduciary duty.
F.S. 673.3071
673.3071

Notice of breach of fiduciary duty.

—
(1)

In this section, the term:

(a)

“Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.

(b)

“Represented person” means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (a) is owed.

(2)

If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:

(a)

Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

(b)

In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:

1.

Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

2.

Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

3.

Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

(c)

If an instrument is issued by the represented person or the fiduciary, as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.

(d)

If an instrument is issued by the represented person or the fiduciary, as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:

1.

Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

2.

Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

3.

Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

History.
—

s. 2, ch. 92-82.