(1) An eligible person, or a receiver on behalf of an eligible person, seeking payment from the Securities Guaranty Fund shall file with the Office a written application by submitting Form OFR-SGFund, Application for Payment from the Securities Guaranty Fund (08/2025), electronically to the Office of Financial Regulation Agency Clerk at Agency.Clerk@flofr.gov. An application submitted to the Agency Clerk shall be deemed received on the date the Office issues to the applicant a confirmation of submission. The application shall include all information required by such form, as required by Section 517.131, F.S. The application shall include:
- (a) Form OFR-SGFund, Application for Payment from the Securities Guaranty Fund (08/2025), which is hereby incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-18408"http://www.flrules.org/Gateway/reference.asp?No=Ref-18408 or from the Office at HYPERLINK "https://flofr.gov/divisions-offices/division-of-securities/forms-incorporated-by-reference-to-division-of-securities-rules"https://flofr.gov/divisions-offices/division-of-securities/forms-incorporated-by-reference-to-division-of-securities-rules;
(b) The following documents, where applicable:
1. A copy, as amended, of its articles of incorporation, articles of organization, trust agreement, or partnership agreement;
2. A copy of any final judgment giving rise to the applicant’s eligibility under Section 517.131(3)(a), F.S.; and
3. A copy of any restitution order pursuant to Section 517.191(3)(b), F.S., giving rise to the receiver’s eligibility under Section 517.131(3)(b), F.S.
- (2) Failure to complete an application under subsection (1) within sixty (60) days shall result in the application being abandoned, which shall result in the application being removed from further consideration by the Office and closed.
- (3) Upon receipt by the eligible person or receiver of notice of the Office’s decision that the eligible person’s or receiver’s application for payment from the Securities Guaranty Fund is approved, and before any disbursement, the eligible person or receiver shall assign to the Office all right, title, and interest in the final judgment or order of restitution equal to the amount of such payment by filing Form OFR-SGFund-A, Assignment of Right, Title and Interest in Final Judgment or Restitution Order in Connection with Recovery from Securities Guaranty Fund, (08/2025) electronically to the Office of Financial Regulation Agency Clerk at Agency.Clerk@flofr.gov. A sample form is hereby incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-18409"http://www.flrules.org/Gateway/reference.asp?No=Ref-18409 or from the Office at HYPERLINK "https://flofr.gov/divisions-offices/division-of-securities/forms-incorporated-by-reference-to-division-of-securities-rules"https://flofr.gov/divisions-offices/division-of-securities/forms-incorporated-by-reference-to-division-of-securities-rules.
Rulemaking Authority 517.131 FS. Law Implemented 517.131 FS. History–New 9-16-25.