(1) Any person against whom the transfer of a security is wrongful for any reason, including his or her incapacity, as against anyone except a bona fide purchaser, may:
- (a) Reclaim possession of the certificated security wrongfully transferred;
- (b) Obtain possession of any new certificated security representing all or part of the same rights;
- (c) Compel the origination of an instruction to transfer to the person or a person designated by him or her an uncertificated security constituting all or part of the same rights; or
- (d) Have damages.
- (2) If the transfer is wrongful because of an unauthorized indorsement of a certificated security, the owner may also reclaim or obtain possession of the security or a new certificated security, even from a bona fide purchaser, if the ineffectiveness of the purported indorsement can be asserted against him or her under the provisions of this chapter on unauthorized indorsements (s. 678.311).
- (3) The right to obtain or reclaim possession of a certificated security or to compel the origination of a transfer instruction may be specifically enforced and the transfer of a certificated or uncertificated security enjoined and a certificated security impounded pending the litigation.
History.--s. 1, ch. 65-254; s. 1, ch. 87-275; s. 667, ch. 97-102.
Note.--s. 8-315, U.C.C.; supersedes s. 614.09.