Prepare a dividend decision note against the statutory payment tests

Key facts

Human involvement
YellowClose supervision
How AI is used
From the accounts the lawyer supplies, set out the three tests in section 254T against the figures: assets over liabilities immediately before the dividend is declared, whether payment is fair and reasonable to the members as a whole, and whether payment materially prejudices the company's ability to pay its creditors. Do not say that the tests are met.
What the lawyer must review
The lawyer tests the figures under the accounting standards, decides whether each limb is met, and writes the recommendation the directors consider.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Calculate assets and liabilities under the accounting standards in force, even if a standard would not otherwise apply to the company.
  2. Test the excess immediately before the dividend is declared, and record that the excess must be sufficient for the payment.
  3. Address fairness to members as a whole, not only the wishes of the majority.
  4. Record the insolvent-trading note in section 254T. A dividend that leaves the company insolvent is an example of material prejudice.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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