Smart Securities Limited is a banking and investment firm that has been operating in the banking industry for over 20 years. The company has over twenty years of experience and managed to increase its market share significantly due to excellent customer service and impressive returns for its investors. Its popularity and fame caused many pensioners and retirees to invest their life savings by purchasing shares in the company despite the high level of risk associated with shares. Their quarterly dividend payments from Smart Securities have been significant and consistent over the last three years providing great financial gains for its clients. Betty Samms, a pensioner, bought shares in Smart Securities and have been benefitting from its quarterly dividend payments. Betty Samms uses this payment to take care of her monthly household and medical bills.

With the recent onset of the COVID-19 pandemic, things took a turn and the stock market started to decline. Smart Securities stocks have declined in value and so did Betty Samms's investment. As the economic climate deteriorated, the directors of Smart Securities decided not to recommend quarterly dividends in order to preserve their cash position. She visited Smart Securities to enquire about her investment and was told that its value has declined by 45%. She was further told that the company would not make dividend payments based on a recommendation of its directors. She was greatly disappointed and sought further dialogue with the branch manager. In her discussion, she demanded reimbursement for the loss in value as well as dividend to take care of her upcoming bills. As a Law student:

A. Use the characteristics of shares as well as the difference between loan capital and share capital to discuss whether the bank is obligated to reimburse Mrs. Samms.

B. What are the rules governing the payment of dividends that Smart Securities should consider when recommending dividend?

C. If Mrs. Samms had opted to purchase debentures in the place of shares, explain how a charge, its registration and its priority would offer protection to Mrs. Samms?