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The Act preserves existing guidelines of legislation restricting the making of distributions (Companies Act 2006, section 851). Thus in recommending or paying a dividend directors must pay attention to the frequent regulation (see paragraph 26 above) which might usually preclude fee of an imprudent dividend as not being in the most effective interests of the company. There’s also a typical legislation rule that dividends may not be paid out of capital which might require directors to consider whether losses incurred because the ‘relevant accounts’ (normally the final annual accounts ) had eroded the distributable income.

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