Dividend on Prefrence Share

Hello,

At 1st Apr 2008 XYZ ltd have Cumulative Prefrence Share in there Balance sheet which would be reedem on 30th Sep 2008, but company has not sufficeient fund therefore Co. Could not redeem them.

Now i have a question :- Is Company is liable for paying dividend for last half year.(1 oct to 31 Mar 09).? or Prefrence share holders has right to get interest for that period.

 

 

Replies (2)

Hi Piyush,

 

As per my opinion Company is liable to pay dividend to preference shareholders for last half year. (1 oct to 31 Mar 09) and there is no question of payment of interest to preference shareholders. Reason being preference share capital is a part of paid up capital of the company and not in the nature of loan.

 

Basic difference between dividend and interest

 

Dividend is paid on the company's paid up share capital including equity and preference shares whereas interest is generally paid on debentures, loans and borrowings. Dividend is an appropriation of profit whereas interest is considered charge against profit.

 

For your information only:

 

A company, which has failed to redeem its preference shares as per section 80A, so long as such failure continues, shall not declare any dividend on its equity shares. [Section 205(2B)]

 

 

Best Regards

 

 

As far as your query is concerned the Company has to pay dividend to the Preference Share Holders not only for Last Financial but also for this financial year unless the Articles and terms and Conditions of issue of Shares specified the payment of Dividend only for a one Complete year.
 
Further clarifying there is only one way by which Company doesn't have to pay Dividend which is in case the Company Obtain the letter from the Preference Share holder giving their Consent to forgo their right of Dividend and untill and unless the Company doesnot obtain the letter from Preferencee Shareholders the  Shares will not be considered as properly Redeemed

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