Additional Dividend

723 views 4 replies

Pls clarify my doubts on this

 

Restriction on company’s power: It is beyond the powers of the company to declare a further dividend at a general meeting after the declaration of dividend at the annual general meeting.

It was decided by the Calcutta High Court in Biswa Nath Pd. Khaitan v New Central Jute Mills Ltd. (1961) that a company, which 1.could not declare a dividend at an annual general meeting, may do so at a subsequent general meeting. On the other hand, 2. where a company has declared .a dividend at a general meeting neither the company nor its directors can declare a further dividend for the same year.

 

 

Firstly i want to know abt the first yellow highlighted portion whether the subsequent general meeting which the context is talking abt is EGM OR NEXT AGM....

 

and in second one dividend at the general meeting   means dividend at the AGM or something else...

Replies (4)

One more doubt

 

Declaration of interim dividend by directors does not create a debt; but declaration of dividend at a general meeting of company does..

 

i think now after companies amendment act , 2000 interim dividend when declared  by the directors also becomes a debt enforceable against the company. is it right ??? 

 

Dear Jeet...it is all about AGM and do not confuse yourself in the light of the above case.

 

Simply remember if a company missed the dec of dividend at the AGM....the option of interim dividend is always there.

 

As per my understanding after AGM a company cannot declare the div for the same year.

Originally posted by : simranjeet singh

One more doubt

 

Declaration of interim dividend by directors does not create a debt; but declaration of dividend at a general meeting of company does..

 

i think now after companies amendment act , 2000 interim dividend when declared  by the directors also becomes a debt enforceable against the company. is it right ??? 

 

You are right....as now it is a debt....after 2000 amendment act. I think you have not read my handout properly. Kindly refer page 19 of the handout.

 

Regards

Thanks very much Ankur sir......

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