762. Net asset restriction on distributions by public companies
Past version: effective from 14/06/2015 - 13/06/2015
To view other versions open the versions tab on the right
(1) A public company may only make a distribution—
(a) if the amount of its net assets is not less than the aggregate of its called-up share capital and undistributable reserves, and
(b) if, and to the extent that, the distribution does not reduce the amount of those assets to less than that aggregate.
(2) For this purpose a company's "net assets" means the aggregate of the company's assets less the aggregate of its liabilities.
(3) "Liabilities" here includes provisions of any kind.
(4) A company's undistributable reserves are-
(a) its capital redemption reserve,
(b) the amount by which its accumulated, unrealised profits (so far as not previously utilised by capitalisation) exceed its accumulated, unrealised losses (so far as not previously written off in a reduction or reorganisation of capital duly made),
(c) any other reserve that the company is prohibited from distributing—
(i) by any regulation or law applicable in the Abu Dhabi Global Market (other than one contained in this Part), or
(ii) by its articles.
The reference in subsection (b) to capitalisation does not include a transfer of profits of the company to its capital redemption reserve.