(a) Except for dividends payable in shares of its capital stock, no capital stock Connecticut bank shall declare a dividend on its capital stock except from its net profits, unless the bank has received the prior approval of the commissioner. As used in this subsection, “net profits” means the remainder of all earnings from current operations. The total of all dividends declared by such bank in any calendar year shall not, unless specifically approved by the commissioner, exceed the total of its net profits of that year combined with its retained net profits of the preceding two years.
(b) Subject to the approval of the commissioner, stock dividends may be declared and paid by a capital stock Connecticut bank in its own authorized but unissued shares to the extent of its surplus earnings, provided such shares shall be issued at not less than the par value thereof, if any. There shall be transferred from its surplus or undivided profits account, or both, as determined by the governing board, to its capital account at the time such dividend is paid an amount equal to (1) in the case of a dividend payable in its own shares having a par value, the aggregate par value of the shares to be issued as a dividend, and (2) in the case of a dividend payable in its own shares without par value, at such aggregate stated value as shall be fixed by the governing board by resolution adopted at the time such dividend is declared. A split-up or division of the issued shares of any class into a greater number of shares of the same class without increasing the stated capital of the capital stock Connecticut bank is not a stock dividend within the meaning of this subsection.
(P.A. 94-122, S. 57, 340; P.A. 09-100, S. 7.)
History: P.A. 94-122 effective January 1, 1995; P.A. 09-100 amended Subsec. (a) by adding “unless the bank has received the prior approval of the commissioner” re declaration of dividend.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 664b - Corporate Organization and Administration of Connecticut Banks
Section 36a-71. (Formerly Sec. 36-54). - Franchise not transferable; forfeiture.
Section 36a-72. (Formerly Sec. 36-61). - General statutes to prevail.
Section 36a-73. - Applicability of title 33.
Section 36a-80. (Formerly Sec. 36-62). - Bylaws. Amendment to certificate of incorporation.
Section 36a-81. (Formerly Sec. 36-64). - Relocation of main office.
Section 36a-82. (Formerly Sec. 36-87). - Change of name.
Section 36a-83. (Formerly Sec. 36-90). - Examination by shareholders.
Section 36a-84. (Formerly Sec. 36-117a). - Amendment of charter of mutual savings banks.
Section 36a-85. (Formerly Sec. 36-175). - Savings and loans' depositors' votes.
Section 36a-95. (Formerly Sec. 36-9c). - Interlocking directors.
Section 36a-96. (Formerly Sec. 36-9e). - Bonds of officers and employees.
Section 36a-99. (Formerly Sec. 36-121). - Removal of corporator of a mutual savings bank.
Section 36a-100. (Formerly Sec. 36-126b). - Benefits for officers and employees.
Section 36a-101. - Oath or affirmation by directors.
Section 36a-102. - Identification of directors and officers.
Section 36a-105. (Formerly Sec. 36-88). - Authorization and issuance of additional shares.
Section 36a-106. (Formerly Sec. 36-89b). - Preferred shares. Capital notes and debentures.
Section 36a-107. - Reduction of capital stock and change in par value.
Section 36a-108. (Formerly Sec. 36-89a). - Preemptive rights of holders of capital stock.
Section 36a-109. - Rights or options to purchase shares.
Section 36a-111. - Acquisition and disposal of own stock.
Section 36a-112. (Formerly Sec. 36-91). - Voting restrictions.