ACCA LW Eng Syllabus E. Capital And The Financing Of Companies - Explain The Rules Governing The Distribution Of Dividends - Notes 2 / 2
Private Companies
These can issue dividends out of accumulated realised profits
Public Companies
These can issue dividends out of accumulated realised profits less accumulated Unrealised losses
So, a private company may only pay dividends out of its retained earnings as a dividend
A public company must further deduct things like negative revaluation reserves.
Unlawful Distributions
If directors authorised knowingly an unlawful dividend they will be liable personally.
If a shareholder knew it was an unlawful dividend - they are liable to pay it back
If the company's auditors advised the unlawful dividend policy - they are liable for professional negligence.
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Syllabus E. Capital And The Financing Of Companies
E3. Capital Maintenance And Dividend Law
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Syllabus F. Management, Administration And The Regulation Of Companies
F1. Company Directors