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Florida Statutes Title XLII. Estates and Trusts § 738.414. Derivatives or options

Current as of January 01, 2025 | Updated by Findlaw Staff

<Text of section renumbered from § 738.607 effective Jan. 1, 2025. See, also, text of § 738.607, effective until Jan. 1, 2025. >

(1) As used in this section, the term “derivative” means a contract, an instrument, or other arrangement, or combination of contracts, instruments, or other arrangements, of which the value, rights, and obligations are, in whole or in part, dependent on or derived from an underlying tangible or intangible asset, a group of tangible or intangible assets, an index, or an occurrence of an event. The term includes stocks, fixed income securities, and financial instruments and arrangements based on indices, commodities, interest rates, weather-related events, and credit-default events.

(2) To the extent that a fiduciary does not account for a transaction in derivatives as a business under s. 738.403, the fiduciary shall allocate 10 percent of receipts from the transaction and 10 percent of disbursements made in connection with the transaction to income and allocate the balance to principal.

(3) Subsection (4) applies if:

(a) A fiduciary:

1. Grants an option to buy property from a trust, regardless of whether the trust owns the property when the option is granted;

2. Grants an option that permits another person to sell property to the trust; or

3. Acquires an option to buy property for the trust or an option to sell an asset owned by the trust ; and

(b) The fiduciary or other owner of the asset is required to deliver the asset if the option is exercised.

(4) If this subsection applies, the fiduciary must allocate 10 percent to income and allocate the balance to principal of the following amounts:

(a) An amount received for granting the option;

(b) An amount paid to acquire the option; and

(c) Gain or loss realized on the exercise, exchange, settlement, offset, closing, or expiration of the option.

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Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 738.414. Derivatives or options - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-738-414/

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