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Questions and Answers
Explain the concept of the Insolvency Test in relation to a corporation's ability to pay dividends.
The Insolvency Test dictates that a corporation cannot pay out dividends if doing so would make it insolvent. Solvency is assessed in both the liquidity sense, where the corporation has cash to pay its bills when due, and the bankruptcy sense, where the corporation's assets are greater than its liabilities and it can pay off its creditors.
What is the Balance Sheet or Capital Surplus Test, and how does it impact a corporation's dividend payments?
The Balance Sheet or Capital Surplus Test permits a corporation to pay dividends only out of surplus, usually including retained earnings and any kind of capital surplus, and not from stated capital.
What is the Nimble Dividends (Profits) Test, and when can a corporation pay dividends under this test?
The Nimble Dividends (Profits) Test allows a corporation to pay dividends out of its current profits.
What are the accounting concepts used in the legal tests for dividend payments, and why are they used instead of the true market value of a corporation?
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How does the state of incorporation impact a corporation's ability to pay dividends?
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