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Dividend Explained: Legal Definition and Key Concepts
Definition & Meaning
A dividend is a portion of a company's profits distributed to its shareholders. The amount paid is typically based on the number of shares owned and is determined by the company's board of directors. Dividends can be issued in cash or as additional shares of stock, known as stock dividends. These payments are often made quarterly, allowing shareholders to benefit from the company's profitability.
Table of content
Legal Use & context
Dividends are primarily relevant in corporate law and finance. They are a key aspect of shareholder rights and corporate governance. Legal considerations surrounding dividends include compliance with the impairment of capital rule, which dictates that dividends must be paid from profits, not capital. Shareholders must also be aware of important dates related to dividends, such as declaration, record, and payment dates, as these determine eligibility for receiving dividends.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a company declares a dividend of $1 per share on January 1, shareholders who own shares by the record date of January 15 will receive the dividend on the payment date of January 30. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Dividend Regulations
California
Strict adherence to the impairment of capital rule.
Delaware
Allows dividends to be paid from surplus, not just profits.
New York
Similar rules to California regarding profit-based dividends.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Dividend
Payment made to shareholders from profits.
Stock Repurchase
When a company buys back its own shares, reducing the number of shares outstanding.
Stock Split
An increase in the number of shares outstanding without changing the overall value of the company.
Common misunderstandings
What to do if this term applies to you
If you are a shareholder expecting dividends, ensure you know the declaration, record, and payment dates. If you are considering investing in a company, review its dividend history and policies. For assistance, explore US Legal Forms' templates for shareholder agreements and other related documents. If your situation is complex, consulting a legal professional may be beneficial.
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