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Dividends in 39. (1) A corporation may declare and pay dividends in cash,
cash, stock or stock or other property on its outstanding shares, except when
other property. currently the corporation is insolvent or would thereby be made
insolvent or when the declaration or payment would be contrary to
any restrictions contained in the articles of incorporation.
Dividends may be declared and paid out of surplus only; but in
case there is no surplus, dividends may be declared or paid out of
the net profits for the fiscal year in which the dividend is declared
and for the preceding fiscal year.
(2) A corporation engaged in the exploitation of
natural resources or other wasting assets, including patents,
or formed primarily for the liquidation of specific assets,
may declare and pay dividends regardless of any surplus
from the net profits derived from the liquidation or
exploitation of such assets without making any deduction
for the depletion of such assets resulting from, lapse of
time, consumption, liquidation or exploitation of such
assets if the net assets remaining after such dividends are
sufficient to cover the liquidation preferences of shares
having such preferences in involuntary liquidation.

 

 

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