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LEGAL AND SOCIAL
   ASPECTS OF
    DIVIDENDS
              EP JOHN
                 SEC B
              11397044
A   dividend is money paid directly to an
  investor in a company's stock. Some publicly
  owned companies offer a dividend with their
  stock, while others do not.
 The choice of buying and owning a stock that
  pays a dividend is up to the individual investor,
  as there are both positive and negative
  aspects to consider.
 A company that offers a dividend with its stock
  is often a larger, more stable business in a
  field with little growth or a slow, steady growth
  potential.
 When   a company offers a dividend to its stock
  holders, it is taking money that could be reinvested
  into the company, and distributing it to shareholders
  as a benefit of investing in the company.
 Receiving a dividend is good for investors, because
  they get a guaranteed return on their investment in
  the form of the money from the dividend.
 A stock that returns a dividend is good as an
  income investment or a long term growth
  investment. This is because these stocks tend to
  remain stable, and offer a tangible monetary benefit
  to investors.
DETERMINANTS OF DIVIDEND
        POLICY
•Legal: dividends must be paid out of
firm’s earnings/ current earnings
•Financial: a firm can pay dividend only to
the extent that it has cash to disburse
•Economic constraints
•Nature of business conducted by a
company
•Existence of the company: length of
existence of the company.
DETERMINANTS OF DIVIDEND
        POLICY

•Type of company Organization:
Pvt. Or Public
•Financial needs of the company.
•Market conditions
•Financial arrangements
•Change in government policies
LEGAL ASPECTS OF
          DIVIDENDS

1.Dividends to be paid only out of profits:
•It is necessary for a company to declare and
pay dividend only out of profits for that year
arrived at after providing for depreciation in
accordance with the provisions of section
205(2) of the act.
LEGAL ASPECTS OF
       DIVIDENDS
•A dividend could be declared out of
profits of the company for any
previous financial year or years
arrived after providing for
depreciation in accordance with
those provisions and remaining
undistributed.
LEGAL ASPECTS OF
         DIVIDENDS

•The dividend can also be declared
out of moneys provided by the
central govt. or a state govt. for the
payment of dividend in pursuance of
guarantee given by that govt.
LEGAL ASPECTS OF
         DIVIDENDS

•The company is required to transfer
to the reserves such percentage of
its profits for that year not exceeding
10% in addition to providing for
depreciation as required under
section 205(2A) of the Act.
LEGAL ASPECTS OF
          DIVIDENDS
• Unpaid dividend to be transferred to
special dividend account:
•Dividends are to be paid within 30 days
from the date of the declaration
•If they are not paid the company is
required to transfer the unpaid dividend to
unpaid account within 7 days of the expiry
of the period of 30 days.
LEGAL ASPECTS OF
         DIVIDENDS
•The company is required to open this
account in any scheduled bank as
required under section 205-A of the
Companies Act, 1956

• Dividend is to be paid only to
registered shareholders or to their
order or their bankers
TRANSFER OF UNPAID/ UNCLAIMED
DIVIDEND TO INVESTOR EDUCATION
      AND PROTECTION FUND

Any money transferred to the unpaid dividend
account of a company in pursuance of section
205A(5) which remains unpaid or unclaimed for
a period of 7 years from the date of such transfer
to unpaid dividend account, shall be transferred
by the company to the investor education and
protection fund established under sub-section (1)
of section 205C
TRANSFER OF UNPAID/ UNCLAIMED
DIVIDEND TO INVESTOR EDUCATION
      AND PROTECTION FUND


Sub-section (1A) of section 205 stipulates
that the board of directors may declare
interim dividend and the amount of dividend
including interim dividend is to be such
deposited in a separate bank account within
5 days from the date of depreciation.
TRANSFER OF UNPAID/ UNCLAIMED
DIVIDEND TO INVESTOR EDUCATION
      AND PROTECTION FUND

Failure to do so, every director of the
company, shall, if knowingly a party to the
default, be punishable with simple
imprisonment for a term which may
extend to 3 years and shall also liable to a
fine of rupees for everyday during which
such default continues
TRANSFER OF UNPAID/ UNCLAIMED
DIVIDEND TO INVESTOR EDUCATION
      AND PROTECTION FUND


 The company shall be liable to
 pay simple interest at a rate of
 18% p.a. during the period for
 which such default continues.
LEGAL CONSTRAINTS
• Most state securities regulations prevent firms from
  paying out dividends from any portion of the company’s
  “legal capital” which is measured by the par value of
  common stock -- or par value plus paid-in-capital.
• Dividends are also sometimes limited to the sum of the
  firm’s most recent and past retained earnings -- although
  payments in excess of current earnings is usually
  permitted.
• Most states also prohibit dividends when firm’s have
  overdue liabilities, is legally insolvent, or bankrupt.
INTERNAL CONSTRAINTS
• A company’s ability to pay dividends is usually
  constrained by the amount of available cash rather
  than the level of retained earnings against which to
  charge them.
• Although it is possible to borrow to pay dividends,
  lenders are usually reluctant to grant them because
  using the funds for this purpose produces not
  operating benefits that help to repay them.
GROWTH PROSPECTS
• Newer, rapidly-growing firms generally pay little or
  no dividends.
• Because these firms are growing so quickly, they
  must use most of their internally generated funds to
  support operations or finance expansion.
• On the other hand, large, mature firms generally
  pay cash dividends since they have access to
  adequate capital and may have limited investment
  opportunities.
OWNER CONSIDERATIONS
• As mentioned earlier, empirical evidence
  supports the notion that investors tend to belong
  to “clienteles” -- where some prefer high
  dividends, while others prefer capital gains.
• They tend to sort themselves in this way for a
  variety of reasons, including:
  – tax status
  – investment opportunities
  – potential dilution of ownership
MARKET CONSIDERATIONS
• The most important aspect of
 dividend policy is that the firm
 maintain a level of predictability,
• Stockholders that prefer dividend-
 paying stocks prefer a continuous
 stream of fixed or increasing
 dividends.
MARKET CONSIDERATIONS
• Shareholders also view the firm’s
 dividend payment as a “signal” of the
 firm’s future prospects.
• Fixed or increasing dividends are
 often considered a “positive” signal,
 while erratic dividend payments are
 viewed as “negative” signals.
THANK YOU

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Devidend legal & social aspects

  • 1. LEGAL AND SOCIAL ASPECTS OF DIVIDENDS EP JOHN SEC B 11397044
  • 2. A dividend is money paid directly to an investor in a company's stock. Some publicly owned companies offer a dividend with their stock, while others do not.  The choice of buying and owning a stock that pays a dividend is up to the individual investor, as there are both positive and negative aspects to consider.  A company that offers a dividend with its stock is often a larger, more stable business in a field with little growth or a slow, steady growth potential.
  • 3.  When a company offers a dividend to its stock holders, it is taking money that could be reinvested into the company, and distributing it to shareholders as a benefit of investing in the company.  Receiving a dividend is good for investors, because they get a guaranteed return on their investment in the form of the money from the dividend.  A stock that returns a dividend is good as an income investment or a long term growth investment. This is because these stocks tend to remain stable, and offer a tangible monetary benefit to investors.
  • 4. DETERMINANTS OF DIVIDEND POLICY •Legal: dividends must be paid out of firm’s earnings/ current earnings •Financial: a firm can pay dividend only to the extent that it has cash to disburse •Economic constraints •Nature of business conducted by a company •Existence of the company: length of existence of the company.
  • 5. DETERMINANTS OF DIVIDEND POLICY •Type of company Organization: Pvt. Or Public •Financial needs of the company. •Market conditions •Financial arrangements •Change in government policies
  • 6. LEGAL ASPECTS OF DIVIDENDS 1.Dividends to be paid only out of profits: •It is necessary for a company to declare and pay dividend only out of profits for that year arrived at after providing for depreciation in accordance with the provisions of section 205(2) of the act.
  • 7. LEGAL ASPECTS OF DIVIDENDS •A dividend could be declared out of profits of the company for any previous financial year or years arrived after providing for depreciation in accordance with those provisions and remaining undistributed.
  • 8. LEGAL ASPECTS OF DIVIDENDS •The dividend can also be declared out of moneys provided by the central govt. or a state govt. for the payment of dividend in pursuance of guarantee given by that govt.
  • 9. LEGAL ASPECTS OF DIVIDENDS •The company is required to transfer to the reserves such percentage of its profits for that year not exceeding 10% in addition to providing for depreciation as required under section 205(2A) of the Act.
  • 10. LEGAL ASPECTS OF DIVIDENDS • Unpaid dividend to be transferred to special dividend account: •Dividends are to be paid within 30 days from the date of the declaration •If they are not paid the company is required to transfer the unpaid dividend to unpaid account within 7 days of the expiry of the period of 30 days.
  • 11. LEGAL ASPECTS OF DIVIDENDS •The company is required to open this account in any scheduled bank as required under section 205-A of the Companies Act, 1956 • Dividend is to be paid only to registered shareholders or to their order or their bankers
  • 12. TRANSFER OF UNPAID/ UNCLAIMED DIVIDEND TO INVESTOR EDUCATION AND PROTECTION FUND Any money transferred to the unpaid dividend account of a company in pursuance of section 205A(5) which remains unpaid or unclaimed for a period of 7 years from the date of such transfer to unpaid dividend account, shall be transferred by the company to the investor education and protection fund established under sub-section (1) of section 205C
  • 13. TRANSFER OF UNPAID/ UNCLAIMED DIVIDEND TO INVESTOR EDUCATION AND PROTECTION FUND Sub-section (1A) of section 205 stipulates that the board of directors may declare interim dividend and the amount of dividend including interim dividend is to be such deposited in a separate bank account within 5 days from the date of depreciation.
  • 14. TRANSFER OF UNPAID/ UNCLAIMED DIVIDEND TO INVESTOR EDUCATION AND PROTECTION FUND Failure to do so, every director of the company, shall, if knowingly a party to the default, be punishable with simple imprisonment for a term which may extend to 3 years and shall also liable to a fine of rupees for everyday during which such default continues
  • 15. TRANSFER OF UNPAID/ UNCLAIMED DIVIDEND TO INVESTOR EDUCATION AND PROTECTION FUND The company shall be liable to pay simple interest at a rate of 18% p.a. during the period for which such default continues.
  • 16. LEGAL CONSTRAINTS • Most state securities regulations prevent firms from paying out dividends from any portion of the company’s “legal capital” which is measured by the par value of common stock -- or par value plus paid-in-capital. • Dividends are also sometimes limited to the sum of the firm’s most recent and past retained earnings -- although payments in excess of current earnings is usually permitted. • Most states also prohibit dividends when firm’s have overdue liabilities, is legally insolvent, or bankrupt.
  • 17. INTERNAL CONSTRAINTS • A company’s ability to pay dividends is usually constrained by the amount of available cash rather than the level of retained earnings against which to charge them. • Although it is possible to borrow to pay dividends, lenders are usually reluctant to grant them because using the funds for this purpose produces not operating benefits that help to repay them.
  • 18. GROWTH PROSPECTS • Newer, rapidly-growing firms generally pay little or no dividends. • Because these firms are growing so quickly, they must use most of their internally generated funds to support operations or finance expansion. • On the other hand, large, mature firms generally pay cash dividends since they have access to adequate capital and may have limited investment opportunities.
  • 19. OWNER CONSIDERATIONS • As mentioned earlier, empirical evidence supports the notion that investors tend to belong to “clienteles” -- where some prefer high dividends, while others prefer capital gains. • They tend to sort themselves in this way for a variety of reasons, including: – tax status – investment opportunities – potential dilution of ownership
  • 20. MARKET CONSIDERATIONS • The most important aspect of dividend policy is that the firm maintain a level of predictability, • Stockholders that prefer dividend- paying stocks prefer a continuous stream of fixed or increasing dividends.
  • 21. MARKET CONSIDERATIONS • Shareholders also view the firm’s dividend payment as a “signal” of the firm’s future prospects. • Fixed or increasing dividends are often considered a “positive” signal, while erratic dividend payments are viewed as “negative” signals.