(a) If the surplus of a commercial bank at any time is less than 100 percent of its capital stock, then, until the surplus is 100 percent of the capital stock, the commercial bank:
(1) Shall transfer to its surplus annually at least 10 percent of its net earnings; and
(2) May not declare or pay any cash dividends that exceed 90 percent of its net earnings.
(b) Any losses of a commercial bank that exceed its undivided profits may be charged to its surplus.
Structure Maryland Statutes
Title 3 - Banking Institutions -- Commercial Banks
Subtitle 3 - Capital Stock; Surplus Requirements; Stockholders
Section 3-301 - Capital Stock in General
Section 3-302 - Preferred Stock
Section 3-303 - Loans for Stock Subscription
Section 3-304 - Loans on and Acquisitions of Own Stock Prohibited
Section 3-305 - Reduction of Capital
Section 3-306 - Maintenance of Surplus; Losses
Section 3-307 - Cash Dividends
Section 3-308 - Stock Dividends
Section 3-310 - Annual Meeting of Stockholders
Section 3-311 - Oath of Stockholder Before Voting
Section 3-312 - Debt Instruments
Section 3-314 - Approval of Commissioner of Certain Stock Transactions