In the Australian business landscape, dividends play a vital role in the financial health and strategic growth of companies. For directors and shareholders, understanding dividend resolutions is pivotal, not only for compliance but also for optimizing financial outcomes. This guide aims to clarify the complexities of dividend resolutions for Australian businesses, providing valuable insights from the experts at Ample Finance.

What Are Dividend Resolutions?

A dividend resolution is a formal decision made by a company’s directors or shareholders regarding the distribution of profits in the form of dividends to shareholders. This decision is critical because it impacts the company’s cash flow, shareholder satisfaction, and financial sustainability.

In Australia, the Corporations Act 2001 governs how and when dividends can be declared and paid. The act stipulates that a company can only pay dividends out of profits and that directors must ensure that the company can meet its debts as they fall due after the dividend is paid.

Types of Dividends

There are generally three types of dividends that companies can declare:

  1. Fully Franked Dividends: These dividends come with a tax credit attached, which shareholders can use to offset their tax liability, particularly beneficial for Australian resident shareholders.

  2. Partially Franked Dividends: These dividends are only partly franked, meaning that a portion of the dividend benefits from a tax credit, while the remaining portion is taxed at the shareholder’s applicable rate.

  3. Unfranked Dividends: These do not come with any tax credits. Shareholders will need to pay tax on the full amount of the dividend received.

Understanding these distinctions is crucial for businesses when planning dividend distributions and for shareholders in understanding their potential tax obligations.

Key Steps in Declaring Dividends

  1. Assess Profitability: Before declaring a dividend, the company must ensure it has sufficient profits available. Companies should prepare accurate financial statements to assess their ability to pay dividends without jeopardizing their capacity to meet financial obligations.

  2. Board Resolution: The board of directors must pass a resolution to declare the dividend. This resolution should be documented and detailed in the meeting minutes.

  3. Notification to Shareholders: Once declared, companies must notify shareholders about the dividend payment, including details about the amount, type (franked or unfranked), and payment date.

  4. Payment of Dividend: The company must make the payment on or before the dividend payment date. It is imperative that dividends are paid in accordance with the timeline outlined in the resolution.

  5. Record-Keeping Obligations: Companies must maintain accurate records of all dividends declared, including the rationale behind the decision and how it aligns with financial health.

Best Practices for Dividend Resolutions

1. Engage With Financial Advisors

Consulting with accounting and financial advisory firms, such as Ample Finance, can provide valuable insights into the appropriate timing and amount of dividends, ensuring compliance with regulations and aligning with overall business strategy.

2. Communicate with Shareholders

Transparent communication with shareholders about dividend policies and decisions fosters trust and encourages investment. Regular updates can also help manage expectations.

3. Evaluate Long-Term Strategy

While paying dividends may please shareholders in the short term, businesses should consider their long-term growth strategies. Retaining profits for reinvestment in the business can sometimes yield higher returns than distributing cash as dividends.

4. Document Everything

Accurate documentation of all dividend resolutions is not just a legal requirement; good record-keeping can provide clarity and serve as a reference for future dividend policies and decisions.

Conclusion

Understanding dividend resolutions is essential for Australian businesses aiming to navigate the complexities of corporate finance and shareholder engagement. By adhering to best practices and ensuring compliance with the Corporations Act, companies can strategically manage their profits while fostering a positive relationship with shareholders.

At Ample Finance, we are dedicated to providing Australian businesses with the knowledge and tools they need to make informed financial decisions. If you require further assistance in understanding or managing dividend resolutions, feel free to contact our expert team, who are ready to guide you on your journey to financial success.


For more information and resources, visit the Ample Finance website or reach out to us directly for tailored financial advisory services.