Question
The board of directors of ABC Corp. decides not to declare dividends, even though the company had a very profitable year, instead deciding to reinvest
The board of directors of ABC Corp. decides not to declare dividends, even though the company had a very profitable year, instead deciding to reinvest the money in the business. Al and Mark, shareholders of ABC, disagree with this decision and sue the board of directors.
a. | The board of directors will not be liable since they are not the ones who decide whether dividends should be declared | |
b. | Assuming the board of directors made a well informed decision, they will be protected by the business judgment rule. | |
c. | The board of directors will be liable under appraisal rights. | |
d. | Since the company was profitable, the board of directors had an obligation to pass these profits onto the shareholders. |
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