Oireachtas Joint and Select Committees

Thursday, 28 May 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Mr. Patrick Neary:

No, in the circumstances that, if the dividend wasn't ... hadn't been declared, I think it becomes a legal obligation ... as I understand company law, that once you declare a dividend, it's kind of, becomes a liability, and you have to pay it out to your shareholders; now I could ... I can be corrected on that. I would have contended that we would have had the powers to direct the bank not to pay a dividend before it was declared, and before it became a liability, so before they ever went near the AGM, and proposed the dividend, we could have, we could say to a bank, and we could put a direction on their licence, "You are not to pay dividends".

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