§ 37-4-6 — Payment of Dividends

(a) No utility engaged in intrastate business in this state shall pay any dividend upon its common stock until: The utility’s earnings and earned surplus are sufficient to declare and pay same after provision is made for reasonable and proper reserves. The dividend then proposed to be paid upon such common stock can reasonably be declared and paid without impairment of the ability of the utility to perform its duty to render reasonable and adequate service at reasonable rates. If any common stock dividends are proposed to be declared and paid other than as above provided, the utility shall give the commission at least 30 days’ notice in writing of its intention to so declare and pay such dividends.
(b) If at any time the commission shall find that the capital of any utility is impaired, the commission may, after due notice, investigation and hearing, issue an order directing such utility to cease paying dividends on its common stock until reasonable proof has been made to the commission that such impairment has been made good, and that the status of the utility has become such that common stock dividends may reasonably and properly be paid after the utility has made full compliance with the law and with the commission’s rules and regulations pertaining thereto.

Legislative History

(Acts 1932, Ex. Sess., No. 232, p. 233; Code 1940, T. 48, §§307, 308.)