Section 6522 Of Article 1. General Powers From California Financial Code >> Division 2. >> Chapter 4. >> Article 1.
6522
. (a) An association that declares and pays dividends may
distribute its own shares or may make payments in cash or property.
Payment of cash or property shall be made only if there is a
sufficient balance of unappropriated retained earnings which is that
portion of income retained in the business since its organization or
reorganization and which has not been appropriated or reserved for
some specific purpose. Dividends shall not be distributed unless the
association meets its required statutory net worth before and after
that distribution. No dividends shall be paid if that payment would
cause the association to be in an impaired condition.
(b) A stock split, as defined in Section 188 of the Corporations
Code, and a reverse stock split, as defined in Section 182 of the
Corporations Code, are authorized and shall not be construed to be
dividends within the meaning of this section.
(c) Any distribution of permanent capital or paid in surplus shall
require prior approval of the commissioner.
(d) Any shareholder who receives any distribution prohibited by
this section with knowledge of facts indicating the impropriety
thereof is liable to the association for the amount received. The
commissioner may bring an action for the benefit of the association
to recover the distribution from the shareholder.