Sec. 5. (a) A corporation may not declare or pay any dividends to its shareholders in any form if, by the payment of the dividends, its capital stock will be thereby impaired.
(b) Unless approved by the director, a corporation may not pay a dividend in an amount greater than the remainder of undivided profits then on hand after deducting losses, bad debts, or depreciation that the department may have determined, and all other expenses.
(c) A corporation must obtain department approval before reducing the corporation's capital stock, capital surplus, or preferred stock.
As added by P.L.14-1992, SEC.163. Amended by P.L.262-1995, SEC.86; P.L.258-2003, SEC.26; P.L.73-2016, SEC.29.
Structure Indiana Code
Title 28. Financial Institutions
Article 13. Corporate Governance
Chapter 4. Dividends and Other Distributions
28-13-4-1. Power of Board of Directors to Make Distributions
28-13-4-2. Share Dividend or Distribution Dates of Record, Declaration, and Payment
28-13-4-4. Withdrawal of Capital Stock Prohibited
28-13-4-5. Impairment of Capital Prohibited; Maximum Dividend
28-13-4-9. Parity of Shareholder Distribution With Corporate Indebtedness to Unsecured Creditors