Document Type

Article

Publication Date

1972

Abstract

Several instances have come to the attention of the Commission in which registrants have made pro rata stock distributions which were misleading. These situations arise particularly when a registrant makes distributions at a time when its retained earnings or its current earnings are substantially less than the fair value of the shares distributed. Under present generally accepted accounting rules, if the ratio of distribution is less than 25 percent of shares of the same class outstanding, the fair value of the shares issued must be transferred from retained earnings to other capital accounts. Failure to make this transfer in connection with a distribution or making a distribution in the absence of retained or current earnings is evidence of a misleading practice. Distributions of over 25 percent (which do not normally call for transfers of fair value) may also lend themselves to such an interpretation if they appear to be part of a program of recurring distributions designed to mislead shareholders.

Relational Format

article

Series Title

Accounting Series Release No. 124;Securities Act of 1933 Release No. 5255;Securities Exchange Act of 1934 Release No. 9618;Public Utility Holding Company Act of 1935 Release No. 17583;Investment Company Act of 1940 Release No. 7204

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