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§ 1303. Distributions of shares of institution

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 7 P.S. Banks and Banking

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 7 P.S. Banks and Banking (Refs & Annos)
Banking Code of 1965 (Refs & Annos)
Chapter 13. Dividends and Distributions to Shareholders; Redemption or Acquisition of Preferred Shares
7 P.S. § 1303
§ 1303. Distributions of shares of institution
(a) Authorized distributions--The board of directors of an institution may distribute pro rata to holders of any class of its shares from time to time treasury shares and authorized but unissued shares of the institution, subject to the restrictions of this act and to the restrictions, if any, in its articles.
(b) Capital and surplus requirements--No distribution may be made in authorized but unissued shares of the institution unless:
(i) if the distribution is made in shares having a par value, there shall be transferred to capital an amount equal to the aggregate par value of the shares distributed,
(ii) if the distribution is made in shares without par value, the board of directors may fix a value for the shares so issued and there shall be transferred to capital at the time of such distribution an amount of accumulated net earnings equal to the aggregate value so fixed, and
(iii) immediately after the distribution, surplus would be at least equal to the amount of capital.
(c) When shareholder approval required--No distribution of shares of any class may be made to holders of shares of any other class unless the articles so provide or unless such distribution is authorized by the affirmative vote or written consent of the holders of a majority of the outstanding shares of the class in which the distribution is made.
(d) Cash in lieu of fractional shares--In lieu of issuing fractional shares in any distribution authorized by this section, the institution may pay in cash the fair value thereof, as determined by the board of directors, to shareholders entitled thereto.

Credits

1965, Nov. 30, P.L. 847, No. 356, § 1303. Amended 1986, Dec. 18, P.L. 1702, No. 205, § 9, effective in 60 days.
7 P.S. § 1303, PA ST 7 P.S. § 1303
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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