United States · Florida

Directors' resolutions under the Florida Business Corporation Act

How a Florida corporation's board passes resolutions, by meeting or under FBCA § 607.0825 unanimous written consent, with conflict rules under § 607.0832.

Governing statute
Florida Business Corporation Act, Fla. Stat. § 607.0101 et seq.
§ 607.0825Action by directors without meeting
§ 607.0820Meetings of directors
§ 607.0832Director conflict-of-interest transactions
At a glance
  • FBCA § 607.0825 permits unanimous written consent of directors
  • Every director must sign or evidence consent by other writing
  • Meeting participation by telephone or electronic means permitted
  • Conflict-of-interest rules under § 607.0832 follow the Model Act pattern
  • Florida is one of the more flexible US jurisdictions for governance defaults

FBCA § 607.0825 unanimous written consent

Florida permits the board to act without a meeting if the action is taken by all directors and is evidenced by one or more written consents describing the action taken, signed by each director, and filed with the records of the corporation. The mechanism is consistent with the Model Business Corporation Act.

Conflict-of-interest under § 607.0832

Florida's interested-director rules follow the Model Act pattern: disclosure, plus either majority disinterested director approval, shareholder ratification, or fairness to the corporation. The conflicted director can be counted for quorum but cannot vote.

Electronic participation in meetings

FBCA permits directors to participate in a meeting by means of conference telephone or similar communications equipment, provided all directors participating can hear each other. Participation by these means constitutes presence in person at the meeting.

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Resolutions that hold up
Pass resolutions that survive diligence.

Templates per jurisdiction, electronic signature, complete activity log, every resolution tied to its underlying transaction.