The directors of a bank or trust company may declare dividends on common or preferred stock of so much of the net profits of the corporation as they shall judge expedient; but the corporation shall, before the declaration of a dividend on common stock from the net profits, carry 50% of its net profits of the preceding period for which the dividend is paid to its surplus fund until the same shall amount to 50% of its capital stock; and thereafter shall carry 25% of its net profits of the preceding period for which the dividend is paid to its surplus fund until the same shall amount to 100% of its capital stock.
Structure Delaware Code
Chapter 7. CORPORATION LAW FOR STATE BANKS AND TRUST COMPANIES
Subchapter III. Conduct of Internal Corporate Affairs
§ 741. Bylaws, adoption, amendment and repeal.
§ 742. Directors; number, quorum, term, vacancies and oath.
§ 743. Stockholders' meetings; time, place, adjournment and quorum.
§ 744. Voting rights of stockholders.
§ 745. Capital stock; minimum required.
§ 746. Par value of stock; payment for and issuance; increase and reduction.