Section 27: Restriction on payment of dividends
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
27. Restriction on payment of dividends
(1) Notwithstanding the Companies Act 1984 and Companies Act 2001,
no bank shall declare, credit or pay, or transfer abroad, any dividend or make
any other transfer from profits until—
(a) the central bank is satisfied that the payment of dividend or any
other transfer from profits will not cause the bank to be in contravention of the capital adequacy requirements of section 20 or
liquidity requirements of section 22, or likely to impair the future
capital adequacy or liquidity of the bank;
(b) any impairment in its amount paid as stated capital or assigned
capital has been made good; and
(c) adequate provision, to the satisfaction of the central bank, has
been made in respect of impaired credits.
(2) For the purposes of this section, an issue of bonus shares out of profits shall be deemed to be a payment of dividends.
(3) Every bank shall make quarterly reports to the central bank on the
matters specified in subsection (1) in such form and in such manner as may
be approved by the central bank.
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Questions this section answers
- Can a bank pay a dividend if doing so would breach its capital or liquidity requirements?