Senate Bill sb0562

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    Florida Senate - 2007                                   SB 562

    By Senator Fasano





    11-334-07                                           See HB 115

  1                      A bill to be entitled

  2         An act relating to ownership or transfer of

  3         securities; amending s. 628.511, F.S.; revising

  4         provisions authorizing domestic insurers'

  5         ownership or transfer of certain securities

  6         without physical delivery of certificates;

  7         providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 628.511, Florida Statutes, is

12  amended to read:

13         628.511  Ownership or transfer of securities without

14  physical delivery of certificates Book entry accounting

15  system.--

16         (1)  The purpose of this section is to authorize

17  domestic insurers to use utilize modern systems for holding

18  and transferring securities without physical delivery of

19  securities certificates, subject to appropriate rules of the

20  commission.

21         (2)  The following terms are defined for use in this

22  section:

23         (a)  "Securities" means instruments as defined in s.

24  678.1021.

25         (b)  "Clearing corporation" means a clearing

26  corporation as defined in s. 678.1021 and includes the

27  Treasury/Reserve Automated Debt Entry System or Treasury

28  Direct book-entry securities systems as established pursuant

29  to 31 U.S.C. chapter 31, 12 U.S.C. s. 391, and 5 U.S.C. s.

30  301.

31  

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    Florida Senate - 2007                                   SB 562
    11-334-07                                           See HB 115




 1         (c)  "Custodian Direct participant" means a national

 2  bank, state bank, or trust company, broker, or dealer that

 3  which maintains an account in its name in a clearing

 4  corporation and through which an insurance company

 5  participates in a clearing corporation.

 6         (d)  "Federal Reserve book-entry system" means the

 7  computerized systems sponsored by the United States Department

 8  of the Treasury and agencies and instrumentalities of the

 9  United States for holding and transferring securities of the

10  United States Government and such agencies and

11  instrumentalities, respectively, in Federal Reserve banks

12  through banks which are members of the Federal Reserve System

13  or which otherwise have access to such computerized systems.

14         (e)  "Member bank" means a national bank, state bank or

15  trust company which is a member of the Federal Reserve System

16  and through which an insurer participates in the Federal

17  Reserve book-entry system.

18         (3)  Notwithstanding any other provision of law, a

19  domestic insurer may deposit or arrange for the deposit of

20  securities held in or purchased for its general account and

21  its separate accounts in a clearing corporation or in the

22  Federal Reserve book-entry system. When securities are

23  deposited with a clearing corporation, certificates

24  representing securities of the same class of the same issuer

25  may be merged and held in bulk in the name of the nominee of

26  such clearing corporation with any other securities deposited

27  with such clearing corporation by any person, regardless of

28  the ownership of such securities, and certificates

29  representing securities of small denominations may be merged

30  into one or more certificates of larger denominations. The

31  records of any custodian bank through which an insurer holds

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                   SB 562
    11-334-07                                           See HB 115




 1  securities in the Federal Reserve book-entry system, and the

 2  records of any custodian banks through which an insurer holds

 3  securities in a clearing corporation, shall at all times show

 4  that such securities are held for such insurer and for which

 5  accounts thereof. Ownership of, and other interests in, such

 6  securities may be transferred by bookkeeping entry on the

 7  books of such clearing corporation or in the Federal Reserve

 8  book-entry system without, in either case, physical delivery

 9  of certificates representing such securities.

10         (4)  The commission may adopt rules governing the

11  deposit by insurers of securities with clearing corporations

12  and in the Federal Reserve book-entry system.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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CODING: Words stricken are deletions; words underlined are additions.