C3C1C2Part 23Distributions

Annotations:
Modifications etc. (not altering text)
C3

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

Chapter 1Restrictions on when distributions may be made

General rules

I1830Distributions to be made only out of profits available for the purpose

1

A company may only make a distribution out of profits available for the purpose.

2

A company's profits available for distribution are its accumulated, realised profits, so far as not previously utilised by distribution or capitalisation, less its accumulated, realised losses, so far as not previously written off in a reduction or reorganisation of capital duly made.

3

Subsection (2) has effect subject to sections 832 F2, 833A and 835 (investment companies F1and Solvency 2 insurance companies).