Sec. 06.05.445. Net undivided profits and dividends.

157 words·~1 min read·/ak/title-6/chapter-5/06-05-445·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A bank may not declare or pay a dividend in an amount greater than its net undivided profits then on hand.

(b)In determining net profits for the purpose of declaring a dividend, a bank may not include in its calculations

(1)loan loss reserves and losses in excess of reserves, including loans or other credits upon which interest for a period of six months is due and unpaid, unless the loan or credit is well secured and in the process of collection;

(2)interest accrued but not collected on loans or other credits upon which the interest due is more than 90 days delinquent;

(3)interest collected but not earned;

(4)assets or depreciation that the department has required to be charged off;

(5)the appreciation of any asset above its actual cost to the bank; and

(6)any accrued expenses, interest or taxes due from the bank.