DECLARATION OF DIVIDEND (2024)

The dividend is a share of profit for a shareholder which they get in return for owning a share in a Company. As per Section 2 (35) of the Companies Act, 2013, “dividend” includes any interim dividend. Section 123 of the Companies Act, 2013 deals with the Declaration of Dividend.

1. Section 123 (1) of the Companies Act, 2013 provides that Dividend can be declared out of:

a) 1. Profits for that year, after providing depreciation.

2. Profit for previous year after providing depreciation and setting off carried forward losses.

b) Money given by Central or State Government for payment of dividend.

A company may transfer a part of profits to reserves of the Company before declaration of dividend.

In case of inadequate profits or losses in any year, the Company may declare dividend subjected to:

  • Maximum rate of Dividend = Average rate of dividend of preceding three financial years.
  • Amount so drawn shall be first utilised to set off the losses incurred in the financial year in which dividend is declared.
  • Maximum amount to be drawn from free reserves= 10% of the paid up share capital and free reserves.
  • Minimum balance of reserves after withdrawal= 15% of the paid up share capital.

The Company can declare Dividend only out of free reserves.

2. Section 123(2) of the Companies Act, 2013 provides that for calculation of Dividend, the Depreciation shall be provided in accordance with the provisions of Schedule-II.

3. Section 123(3) of the Companies Act, 2013 provides that in case the Company has incurred losses during the current financial year, up to the end of quarter immediately preceding the declaration of Interim Dividend then the rate of Interim Dividend cannot be higher than the average rate of dividend for last 3 years.

4. Section 123(4) of the Companies Act, 2013 states that the Company shall deposit the amount of Dividend along with Interim Dividend in a separate account of a Schedule Bank within 5 days of such declaration.

5. Section 123(5) of the Companies Act, 2013 states that the Company shall pay the Registered Shareholders or to his order or to his banker by cash, cheque, warrant or electronic mode.

6. Section 123(6) of the Companies Act, 2013 provides that any company shall not declare dividend on equity shares if it fails to comply with the provisions of Section-73 and 74 of the Companies Act, 2013 till the failure continues.

CASE LAW:

Now let us understand the significance of the above mentioned Section with the help of an Order for penalty for violation under Section 123 of the Companies Act, 2013, in the matter of IDP Education Exam Services Private Limited passed by the Registrar of Companies.

Facts of the Case: In the given case, the Board of Directors of the Company conducted Board Meeting on 19.03.2021 where in the interim dividend was declared out of accumulated surplus in Profit & Loss Statement as on 31st, March 2020 and the profits of the current financial year 2020-21.

As per Section 123(4) of the Companies Act, 2013, the Company was required to deposit the amount of Interim Dividend in a separate bank account of a Schedule Commercial Bank within 5 days from the date of its declaration i.e., till 24.03.2021 but the Company has deposited the same with delay of 7 days thereby results in violation of Section 123(4) of the Companies Act, 2013.

The Company and its officers were hereby directed to rectify the default and were imposed penalty of Rs. 17,000 for violation of Section 123 of the Companies Act, 2013.

DECLARATION OF DIVIDEND (2024)

FAQs

How do you solve for dividends declared? ›

Here is the formula for calculating dividends: Annual net income minus net change in retained earnings = dividends paid.

How do you pass a dividend entry? ›

On the initial date when a dividend to shareholders is formally declared, the company's retained earnings account is debited for the dividend amount while the dividends payable account is credited by the same amount. Retained Earnings → Debited [Dr.] Dividends Payable → Credited [Cr.]

What is the rule 3 of declaration of dividends? ›

Rule 3 of Dividend Rules prescribes the conditions to be complied with for declaring dividend out of reserves. A pertinent question here is – whether a company can declare dividend out of 100% of the amount that has been transferred to General Reserve.

What is the rule 3 2 of the dividend rules? ›

(2) The total amount to be drawn from such accumulated profits shall not exceed one-tenth of the sum of its paid-up share capital and free reserves as appearing in the latest audited financial statement.

Is there a formula for dividends? ›

The formula for calculating the dividend yield is equal to the dividend per share (DPS) divided by the current share price. For example, if a company is trading at $10.00 in the market and issues annual dividend per share (DPS) of $1.00, the company's dividend yield is equal to 10%.

What is the formula for the dividend rule? ›

Dividend Formula:

Dividend = Divisor x Quotient + Remainder. It is just the reverse process of division. In the example above we first divided the dividend by divisor and subtracted the multiple with the dividend. That means, we first divided and then subtracted.

What are the steps for declaring dividends? ›

PROCEDURE OF DECLARATION AND PAYMENT OF DIVIDEND
  1. Issue atleast 7 clear days notice of the meeting of Board of directors. ( ...
  2. Hold Board meeting and pass resolution for recommending the final amount of dividend. ...
  3. Close the register of members and the share transfer register of the company.

How to record the declaration of a cash dividend? ›

A cash dividend journal entry is made when a company decides to distribute a portion of its earnings to its shareholders. Initially, the cash dividend journal entry involves debiting the “Retained Earnings” account, which reduces the company's equity, and crediting “Dividends Payable,” signaling the commitment to pay.

What is a dividend declared but not paid? ›

An accrued dividend—also known as dividends payable—are dividends on a common stock that have been declared by a company but have not yet been paid to shareholders. A company will book its accrued dividends as a balance sheet liability from the declaration date until the dividend is paid to shareholders.

How does dividend declaration work? ›

What Is Declaring a Dividend? Companies often pay out a portion of their profits as dividends to the shareholders. Dividend payouts are a way to provide shareholders with a return on their investment. The board of directors issues a declaration stating how much will be paid out and over what timeframe.

How do you declare dividends? ›

You will need to hold a 'board meeting' to agree on a dividend declaration and a record of the meetings minutes. A dividend voucher needs to be recorded and a copy kept on records for the business and to the shareholder/s. This can be sent by email, paper, or generated by any number of accounting software packages.

What are the conditions for declaring dividends? ›

(1) The company may by ordinary resolution declare dividends, and the directors may decide to pay interim dividends. (2) A dividend must not be declared unless the directors have made a recommendation as to its amount. Such a dividend must not exceed the amount recommended by the directors.

What is the new dividend rule? ›

The government said all dividend received on or after 1 April 2020 is taxable in the hands of the investor/shareholder. The DDT liability on companies and mutual funds stands withdrawn. Similarly, the tax of 10% on dividend receipts of resident individuals, HUF and firms in excess of Rs.

What is the 90 day dividend rule? ›

Preferred stocks have a different holding period from common stocks, and investors must hold preferred stocks for more than 90 days during a 181-day period that starts 90 days before the ex-dividend date.2 The holding period requirements are somewhat different for mutual funds.

What is the 45 day rule for dividends? ›

The 45 day rule (sometimes called dividend stripping) requires shareholders to have held the shares 'at risk' for at least 45 days (plus the purchase day and sale day) in order to be eligible to claim franking credits in their tax returns.

How is the dividend declared? ›

(1) The company may by ordinary resolution declare dividends, and the directors may decide to pay interim dividends. (2) A dividend must not be declared unless the directors have made a recommendation as to its amount. Such a dividend must not exceed the amount recommended by the directors.

How do you record dividends declared? ›

To record a dividend, a reporting entity should debit retained earnings (or any other appropriate capital account from which the dividend will be paid) and credit dividends payable on the declaration date.

How do you solve for dividend payout? ›

To calculate the dividend payout ratio, the formula divides the dividend amount distributed in the period by the net income in the same period. For example, if a company issued $20 million in dividends in the current period with $100 million in net income, the payout ratio would be 20%.

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