Unpaid Dividend

Dear Members,

Kindly advise on the following:
In a closely held private limited company, the company has made provision for proposed dividend (25%) in the audited accounts.  In the AGM, the company included the declaration of dividend in their agenda & the subsequently the item has also been approved by the members (only 2 in this case). 

The company has not paid the dividend amount to the shareholders as their bankers objected to this payment of dividend.  As per the loan agreement entered into between the banker & the company, the company has to get prior approval from the banker for declaration of dividend etc.  The company has not informed the banker before declaring this dividend. 

The company has not paid the dividend to the shareholders and has not transferred the amount to the dividend account within the time.  Can the company reverse the provision made for proposed dividend.  What is the course of action to be taken by the company.  Kindly provide the relevant provisions.      

I request all the learned members of this forum to share your views.

Thanks and regards

R. Jalaja

Replies (1)

First of all Banks have no power to restrict the company to distribute its profit.


After the company has approved the dividend in its AGM, the company has to deposit the amount of dividend in a separate bank account within 5 days of its declaration and distribute it within 30 days of it declaration.


Where a dividend has been declared by a company but has not been paid within 30 days from the date of declaration, to any shareholder entitled to the payment of the dividend, every director of the company shall, if he knowingly pa party to the default, be punishable with simple imprisonment for a term which may extend to three years and shall also be liable to a fine of one thousand rupees for every day during which such default continues and the company shall be liable to pay simple interest at the rate of 18% per annum during the period for which such default continues.

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