

Advances on profit shares and other alternatives of dividend distribution
11.08.2014
With the Companies Act (Act No. 90/2012 Sb.) taking effect on 1 January 2014, new rules and alternatives apply to dividend distribution.
The possibility to pay advances on shares in profit, which was expressly prohibited in the previously applicable Commercial Code (Act No. 513/1991 Sb.), is perhaps one of the most interesting new developments in dividend distribution.
Other alternatives include dividend distribution to persons other than shareholders or stockholders and distribution of profit in kind. Decisions regarding the distribution of profit reported by the company are made by the general meeting and the distribution itself is then approved by the company’s executive body. However, in distributing the profit, the executive body must ensure that the payment complies with applicable statutory rules. Decisions regarding advances on shares in profit can be made based merely on interim financial statements showing that the company has sufficient funds to distribute profit. The main restriction on the payment of advances on shares in profit is the insolvency test. Under the test, the company may not pay a share in profit if doing so could result in insolvency of the company under the Insolvency Act (Act No. 182/2006 Sb.). The amount of the advance paid may not be higher than the sum of the profit for the current period, retained earnings and other funds created from profit. The amount must then be reduced by accumulated losses and the mandatory reserve fund.