Auditing a Practical Manual for Auditors

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, LIM. (Decided by Stirling, J. , in the Chancery Division, on 26th April 1895. ) Held that a Company cannot be restrained from declaring a Dividend out of current Profits, because no -provision has been made for Depreciation of Fixed Assets. This was a motion on behalf of the ordinary shareholders of the defendant company asking for an injunction to restrain the directors from acting upon a resolution passed at a general meeting of the company, that a sum of /. ■5, 8i6 12s. 6d. Should be appli...ed in payment of a dividend to the preference shareholders, and also from declaring or paying an}' dividend for the year ending the 30th June 1S94. The real object of the action, which was a friendly one, was to ascertain whether or not the dividend in question could be lawfully paid. The defendant company was formed in 1887 to acquire and develop a carrier's business previously known as Arthur McNamara & Co. , and to carry on the business of general carriers of mails, parcels, goods, &c. The capital of the company was ^120, 000, divided into 12, 000 shares of /.

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