§ 3-307. Cash dividends

   (a) In general. -- The board of directors of a commercial bank may declare a cash dividend only from the following, after providing for due or accrued expenses, losses, interest, and taxes:

   (1) Its undivided profits; or

   (2) With the prior approval of the Commissioner, its surplus in excess of 100 percent of its required capital stock.

(b) Liabilities of stockholders. -- If any stockholder receives a cash dividend that was declared or paid in violation of this section or § 3-306 of this subtitle, the stockholder is liable to the commercial bank for the full amount of the dividend to the extent that the capital and surplus of the commercial bank fails to meet the requirements of § 3-306 of this subtitle.

(c) Liabilities of directors. -- If any director of a commercial bank votes for or assents to the declaration of any cash dividend when the director knows that the commercial bank is insolvent or is in danger of insolvency or when the director does not have reason to believe that there are sufficient undivided profits or surplus properly available to pay the dividend under this section, the director is liable, individually and jointly with all other directors so voting or assenting, to the persons who were creditors of the commercial bank when the dividend was declared for the amount by which these creditors remain unpaid, but not more than twice the amount of the dividend.

HISTORY: An. Code 1957, art. 11, § 95, 96; 1980, ch. 33, § 2; ch. 807, § 1; 1996, ch. 326, § 2.