(a) No utility engaged in intrastate business in this state shall pay any dividend upon its common stock until: The utility's earnings and earned surplus are sufficient to declare and pay same after provision is made for reasonable and proper reserves. The dividend then proposed to be paid upon such common stock can reasonably be declared and paid without impairment of the ability of the utility to perform its duty to render reasonable and adequate service at reasonable rates. If any common stock dividends are proposed to be declared and paid other than as above provided, the utility shall give the commission at least 30 days' notice in writing of its intention to so declare and pay such dividends.
(b) If at any time the commission shall find that the capital of any utility is impaired, the commission may, after due notice, investigation and hearing, issue an order directing such utility to cease paying dividends on its common stock until reasonable proof has been made to the commission that such impairment has been made good, and that the status of the utility has become such that common stock dividends may reasonably and properly be paid after the utility has made full compliance with the law and with the commission's rules and regulations pertaining thereto.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 4 - Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers.
Article 1 - Rate and Other Regulations.
Section 37-4-2 - Jurisdiction of Commission Limited as to Nonutilities.
Section 37-4-2.1 - Regulation of Certain Private Water System Utilities in Class 8 Municipalities.
Section 37-4-3 - Officers and Directors Occupy Fiduciary Relationship.
Section 37-4-4 - Directors Not to Delegate or Relinquish Duties.
Section 37-4-5 - Sale or Purchase of Securities by Utility Employees.
Section 37-4-6 - Payment of Dividends.
Section 37-4-11 - Sale, Pledge or Other Disposition of Securities.
Section 37-4-12 - Guarantee or Obligation on Part of State Not to Be Implied.
Section 37-4-13 - Provisions of Article Not Applicable to Certain Notes.
Section 37-4-14 - Receiver's Certificate or Debentures.
Section 37-4-15 - Reports by Utility.
Section 37-4-16 - Validity of Securities Issued Without Authorization; Penalty for Violation.
Section 37-4-18 - Valuation of Utility Property - Notice; Filing of Protest; Finality.
Section 37-4-19 - Valuation of Utility Property - Hearing Upon Protest; Corrections; Final Order.
Section 37-4-20 - Valuation of Utility Property - Revaluation.
Section 37-4-21 - Valuation of Utility Property - Appeals.
Section 37-4-22 - Contract Rates.
Section 37-4-23 - Inspection and Supervision Fees - Generally.
Section 37-4-24 - Inspection and Supervision Fees - Recovery of Delinquent Fees.
Section 37-4-25 - Intercorporate Relations - Treatment of Utility as Part of General System.
Section 37-4-27 - Special or Reduced Rates.
Section 37-4-28 - Certificate of Convenience and Necessity - When Required; Application; Issuance.
Section 37-4-30 - Obtaining Electric Service Under a Private Contract; Definitions.