Thursday, November 22, 2012

What legal restrictions may limit the amount of dividends to be paid?



Paying dividends would attract more investors and satisfy stockholders including a manager who owns a big share of corporate stocks. Therefore management can find a way to pay extensive dividends to enjoy some personal profit. This is one reason why there are legal restrictions in place to make sure dividend paying would not go out of hand.      
The amount of dividends a firm may pay can be limited by certain legal restrictions. These restrictions vary from state to state. There are two categories that these constraints fall into: statutory restrictions and owners/creditors provisions.   
Statutory restrictions may constrain a company from paying dividends, (1) if the firm’s liabilities are greater than its assets, (2) if the dividend amount exceeds retain earning, and (3) If the dividend is being paid from capital invested in the firm.
Another form of legal restriction is resulted from owners/creditors provisions. These are the restrictions that are unique to each firm. Common stockholders are the legal owners of a corporation and they frequently inflict restrictive provisions on managers to minimize risk. For example they may refuse dividend’s deceleration before the debt is repaid or in order to raise capital gain. Preferred stockholders do not own the corporation and cannot make executive decisions but as creditors they have priority over common stock holders which enable them to refuse common dividends when preferred dividends are dis-satisfactory.        
As we can see corporate managers are not the only ones who make decisions regarding dividends. Federal and state government, common stock holders, preferred stock holders, and other creditors such as bond holders can supervise the amount of dividends a firm may pay.  






Resource
Resource: Keown Arthur, Martin John, Petty William. Foundations of Finance prentice Hall, Pearson .Upper Saddle River, New Jersey: 7th Edition

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