c)
If loss occurs at the end of the related accounting period;
1)
General legal reserve funds and free reserve funds, if any,
included in the previous years’ balance sheet shall be pri-
marily used for the deduction of the loss. If these reserve
funds do not cover the loss, the whole advance dividends
distributed within the period shall be returned to the com-
pany by the shareholders upon notification by the Board of
Directors,
2)
After the deduction of the general legal reserve funds and
free reserve funds from the loss for the financial year,
remaining amount of free reserve funds shall be extracted
from advance dividends. In consequence of extraction, if
the amount of advance dividend distributed within the
financial year exceeds remaining amount of free reserve
funds the exceeding part shall be returned to the company
upon the notification by the Board of Directors.
In order to resolve for the distribution of advance dividend, the
general assembly convenes with the presence of the shareholders or
their representatives holding at least one fourth of the capital and this
quorum must be maintained throughout the meeting. The resolution is
taken with the majority of the votes present in the meeting.
It is required that the advance dividends paid before the related
accounting period must be deducted from the net profit of the related
year. The general assembly cannot resolve to distribute dividends or to
pay dividends without completing this transaction.
Pursuant to Article 8 of the Communiqué, advance dividend is paid
to the shareholders in proportion to their shares (pro rata) as of the dis-
tribution dates, without taking into account the privileges of the privi-
leged shares. Advance dividend cannot be paid to the dividend share-
holders, the members of the board of directors who are not sharehold-
ers and persons participating in the profit other than shareholders.
If shareholders are in debt to the company other than capital sub-
scription, the aforesaid debt is deducted from the advance dividend
paid to the shareholder.
COMMERCIAL LAW
65