17-6420.Dividends; declaration and payment;
determination of net profits by "wasting assets" corporation.
(a) The directors of every corporation, subject to any restrictions contained
in its articles of incorporation, may declare and pay dividends upon the shares
of its capital stock, or to its members if the corporation is a nonstock
corporation, either (1) out of its surplus, as defined in and computed in
accordance with K.S.A. 17-6404 and 17-6604, and amendments thereto, or (2) in
case there shall be no such surplus, out of its net profits for the fiscal year
in which the dividend is declared or the preceding fiscal year, or both. If the
capital of the corporation, computed in accordance with K.S.A. 17-6404 and
17-6604, and amendments thereto, shall have been diminished by depreciation in
the value of its property, or by losses, or otherwise, to an amount less than
the aggregate amount of the capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets, the
directors of such corporation shall not declare and pay out of such net profits
any dividends upon any shares of any classes of its capital stock until the
deficiency in the amount of capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets shall
have been repaired. Nothing in this subsection shall invalidate or otherwise
affect a note, debenture or other obligation of the corporation paid by it as a
dividend on shares of its stock, or any payment made thereon, if at the time
such note, debenture or obligation was delivered by the corporation, the
corporation had either surplus or net profits as provided in clause (1) or (2)
from which the dividend could lawfully have been paid.
(b) Subject to any restrictions contained in its articles of incorporation,
the directors of any corporation engaged in the exploitation of wasting assets,
including but not limited to a corporation engaged in the exploitation of
natural resources or other wasting assets, including patents, or engaged
primarily in the liquidation of specific assets, may determine the net profits
derived from the exploitation of such wasting assets or the net proceeds
derived from such liquidation without taking into consideration the depletion
of such assets resulting from lapse of time, consumption, liquidation or
exploitation of such assets.
History: L. 1972, ch. 52, § 47;
L. 1988, ch. 99, § 18;
Revived and amend., L. 1988, ch. 100, § 18;
L. 2004, ch. 143, § 20; Jan. 1, 2005.
17-6420.Dividends; declaration and payment;
determination of net profits by "wasting assets" corporation.
(a) The directors of every corporation, subject to any restrictions contained
in its articles of incorporation, may declare and pay dividends upon the shares
of its capital stock, or to its members if the corporation is a nonstock
corporation, either (1) out of its surplus, as defined in and computed in
accordance with K.S.A. 17-6404 and 17-6604, and amendments thereto, or (2) in
case there shall be no such surplus, out of its net profits for the fiscal year
in which the dividend is declared or the preceding fiscal year, or both. If the
capital of the corporation, computed in accordance with K.S.A. 17-6404 and
17-6604, and amendments thereto, shall have been diminished by depreciation in
the value of its property, or by losses, or otherwise, to an amount less than
the aggregate amount of the capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets, the
directors of such corporation shall not declare and pay out of such net profits
any dividends upon any shares of any classes of its capital stock until the
deficiency in the amount of capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets shall
have been repaired. Nothing in this subsection shall invalidate or otherwise
affect a note, debenture or other obligation of the corporation paid by it as a
dividend on shares of its stock, or any payment made thereon, if at the time
such note, debenture or obligation was delivered by the corporation, the
corporation had either surplus or net profits as provided in clause (1) or (2)
from which the dividend could lawfully have been paid.
(b) Subject to any restrictions contained in its articles of incorporation,
the directors of any corporation engaged in the exploitation of wasting assets,
including but not limited to a corporation engaged in the exploitation of
natural resources or other wasting assets, including patents, or engaged
primarily in the liquidation of specific assets, may determine the net profits
derived from the exploitation of such wasting assets or the net proceeds
derived from such liquidation without taking into consideration the depletion
of such assets resulting from lapse of time, consumption, liquidation or
exploitation of such assets.
History: L. 1972, ch. 52, § 47;
L. 1988, ch. 99, § 18;
Revived and amend., L. 1988, ch. 100, § 18;
L. 2004, ch. 143, § 20; Jan. 1, 2005.
17-6420.Dividends; declaration and payment;
determination of net profits by "wasting assets" corporation.
(a) The directors of every corporation, subject to any restrictions contained
in its articles of incorporation, may declare and pay dividends upon the shares
of its capital stock, or to its members if the corporation is a nonstock
corporation, either (1) out of its surplus, as defined in and computed in
accordance with K.S.A. 17-6404 and 17-6604, and amendments thereto, or (2) in
case there shall be no such surplus, out of its net profits for the fiscal year
in which the dividend is declared or the preceding fiscal year, or both. If the
capital of the corporation, computed in accordance with K.S.A. 17-6404 and
17-6604, and amendments thereto, shall have been diminished by depreciation in
the value of its property, or by losses, or otherwise, to an amount less than
the aggregate amount of the capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets, the
directors of such corporation shall not declare and pay out of such net profits
any dividends upon any shares of any classes of its capital stock until the
deficiency in the amount of capital represented by the issued and outstanding
stock of all classes having a preference upon the distribution of assets shall
have been repaired. Nothing in this subsection shall invalidate or otherwise
affect a note, debenture or other obligation of the corporation paid by it as a
dividend on shares of its stock, or any payment made thereon, if at the time
such note, debenture or obligation was delivered by the corporation, the
corporation had either surplus or net profits as provided in clause (1) or (2)
from which the dividend could lawfully have been paid.
(b) Subject to any restrictions contained in its articles of incorporation,
the directors of any corporation engaged in the exploitation of wasting assets,
including but not limited to a corporation engaged in the exploitation of
natural resources or other wasting assets, including patents, or engaged
primarily in the liquidation of specific assets, may determine the net profits
derived from the exploitation of such wasting assets or the net proceeds
derived from such liquidation without taking into consideration the depletion
of such assets resulting from lapse of time, consumption, liquidation or
exploitation of such assets.
History: L. 1972, ch. 52, § 47;
L. 1988, ch. 99, § 18;
Revived and amend., L. 1988, ch. 100, § 18;
L. 2004, ch. 143, § 20; Jan. 1, 2005.