460 - Dividends to shareholders; conditions precedent.

§  460.  Dividends to shareholders; conditions precedent. 1. The board  of directors of any credit union may declare a dividend from the  credit  union's undivided profits calculated as provided in this article for any  period determined by the board of directors.    2. Earnings from all sources for the period for which a dividend is to  be  paid, except as provided in section four hundred fifty-eight of this  article, may be credited to the profit and loss account  of  the  credit  union  and  the following items shall be charged against such account in  the determination of the amount available for dividends to shareholders:    (a) All  expenses  paid  or  incurred  by  the  credit  union  in  the  management   of  its  affairs,  the  collection  of  its  debts  or  the  transaction of its business.    (b) The interest paid or accrued on debts owed by the credit union.    (c) All losses incurred on loans in excess of the allowance  for  loan  loss account.    (d)  Any interest collected in advance shall be considered unearned at  the end of the fiscal period, and shall  be  set  aside  in  an  account  called "unearned interest".  The  credit  balance  of  the profit and loss account as thus determined  shall constitute the undivided profits of the credit union at the  close  of  such  period,  and  shall  be applicable to the payment of dividends  except as provided in subdivision three of this section.    3. No dividend shall be credited or paid unless the credit union has:    (a) Made good any existing impairment of its capital; and    (b) Carried to its allowance for loan loss account such  part  of  its  earnings  as  is  required  by  section  four hundred fifty-nine of this  article.    4. Dividends may be paid on shares and share certificates  at  various  rates with due consideration of the conditions that pertain to each type  of account such as minimum balance, notice and time requirements.    5.  When  any  dividend  shall  be  declared  in  excess of the amount  available for dividends as determined in accordance with the  provisions  of  this  section,  the  directors  voting for such dividend may be held  jointly and severally liable to the credit union for the amount  of  the  excess so declared.