(a) A bank may not declare or pay a dividend in an amount greater than its net undivided profits then on hand.
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Terms Used In Alaska Statutes 06.05.445

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • bank: means a person doing a banking business, including persons subject to the law of this or another jurisdiction. See Alaska Statutes 06.05.990
  • department: means the Department of Commerce, Community, and Economic Development. See Alaska Statutes 06.05.990
  • loan: includes an extension of credit resulting from direct or indirect negotiations between a lender and a debtor. See Alaska Statutes 06.05.990
  • undivided profits: means the accumulated, undistributed net profit of a bank, including any residue after
    (A) provision for payment of taxes and expenses of operations. See Alaska Statutes 06.05.990
(b) In determining net profits for the purpose of declaring a dividend, a bank may not include in its calculations

(1) loan loss reserves and losses in excess of reserves, including loans or other credits upon which interest for a period of six months is due and unpaid, unless the loan or credit is well secured and in the process of collection;
(2) interest accrued but not collected on loans or other credits upon which the interest due is more than 90 days delinquent;
(3) interest collected but not earned;
(4) assets or depreciation that the department has required to be charged off;
(5) the appreciation of any asset above its actual cost to the bank; and
(6) any accrued expenses, interest or taxes due from the bank.
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