Section 63: Dividends
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
63. Dividends
(1) A dividend shall be a distribution other than a distribution to which
sections 68 and 81 apply.
[Issue 1] C35 – 50
Revised Laws of Mauritius
(2) The Board shall not authorise a dividend—
(a) in respect of some but not all the shares in a class;
(b) of a greater amount in respect of some shares in a class than
other shares in that class except where—
(i) the amount of the dividend is reduced in proportion to any
liability attached to the shares under the constitution;
(ii) a shareholder has agreed in writing to receive no dividend,
or a lesser dividend than would otherwise be payable;
(c) unless it is paid out of retained earnings, after having made good
any accumulated losses at the beginning of the accounting
period.
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Questions this section answers
- Can the board pay a bigger dividend to some shareholders in a class than others?
- Can my company pay a dividend before making good its accumulated losses?