Nimble Dividend: Key Insights into Its Legal Definition and Impact

Definition & meaning

A nimble dividend is a type of dividend that a corporation can pay to its shareholders, even when it has a net operating loss for the year. This dividend is drawn from the corporation's current earnings, rather than from retained earnings or other accounts. However, it's important to note that some state laws restrict the use of nimble dividends, and only a minority of states have provisions allowing them.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A corporation reports a net operating loss for the year but generates sufficient current earnings. It decides to issue a nimble dividend to its shareholders to maintain goodwill and investor confidence.

Example 2: A corporation in a state that allows nimble dividends pays a nimble dividend despite having a loss the previous year, complying with state laws that permit such payments. (hypothetical example)

State-by-state differences

State Nimble Dividend Rule
Delaware Allows nimble dividends under specific conditions.
California Does not allow nimble dividends.
Texas Allows nimble dividends with certain restrictions.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Description Difference
Regular Dividend A payment made to shareholders from retained earnings. Regular dividends are paid only when there are sufficient retained earnings.
Liquidating Dividend A payment made to shareholders during the dissolution of a corporation. Liquidating dividends occur when a corporation is closing down, not based on current earnings.

What to do if this term applies to you

If you are a shareholder or a corporate officer considering a nimble dividend, first review your state's laws regarding dividend payments. Ensure that your corporation has current earnings and consult with a legal professional if you have questions about compliance. You can also explore US Legal Forms for templates that may assist in drafting necessary documentation for dividend declarations.

Quick facts

  • Typical fees: Varies by state and legal counsel.
  • Jurisdiction: Corporate law, varies by state.
  • Possible penalties: Legal action from shareholders if improperly issued.

Key takeaways

FAQs

A nimble dividend is a payment made to shareholders from current earnings, even when the corporation has a net operating loss.