
A final dividend is the return a company distributes to its shareholders out of the profits of a financial year. The Board recommends the dividend, the shareholders declare it at the Annual General Meeting, and the company pays it within a fixed period. Because shareholders’ money is involved, the law prescribes strict timelines for depositing, paying and accounting for every rupee declared, including amounts that remain unclaimed.
This article walks through the complete final dividend cycle, from the Board Meeting that recommends the dividend to the upload of the unpaid dividend statement, with the timeline for each step.
Governing law: Sections 123, 124 and 127 of the Companies Act, 2013; Companies (Declaration and Payment of Dividend) Rules, 2014; Secretarial Standards SS-1 and SS-2; Regulations 12, 29, 30, 42 and 44 of the SEBI (LODR) Regulations, 2015; Regulation 9 of the SEBI (Prohibition of Insider Trading) Regulations, 2015 Applies to: All Companies declaring a final dividend (additional steps for Listed Company) Approval: Recommendation by the Board; declaration by shareholders by ordinary resolution at the AGM Key deadline: Payment within 30 days of the date of declaration |
Source | Conditions |
Profits of the current financial year | After providing for depreciation as per Schedule II. The Board may transfer any portion of profits to reserves before declaring dividend. |
Undistributed profits of previous financial years | After providing for depreciation, and only to the extent such profits remain in the books. |
Accumulated free reserves (where profits are inadequate or absent) | Subject to Rule 3: rate not to exceed the average of the 3 preceding years; amount drawn not to exceed 1/10th of paid-up capital plus free reserves; losses of the current year to be set off first; balance reserves not to fall below 15% of paid-up capital. |
Dividend can never be paid out of capital. A company that has defaulted in repaying deposits or interest under Sections 73 and 74 cannot declare any dividend on its equity shares while the default continues (Section 123(6)).
Prior intimation, mentioning the date of the meeting, is required where the Board is to consider recommendation of dividend. The 2 working days exclude the date of intimation and the date of the meeting.
The recommendation of dividend is required to be disclosed within 30 minutes of the conclusion of the meeting, along with the time of commencement and conclusion of the meeting.
All disclosures made to the stock exchanges are required to be hosted on the company’s website at the same time, and retained there for at least 5 years.
Draft minutes are required to be circulated to all directors, who may give their comments within 7 days of receipt.
Minutes are required to be entered in the Minutes Book within 30 days of the meeting and signed by the Chairman. A copy of the signed minutes is required to be circulated to all directors within 15 days of signing.
Details of the voting results, including the resolution declaring the dividend, are required to be submitted to the stock exchanges and hosted on the website.
Minutes of the AGM, recording the declaration of dividend, are required to be finalised and signed within 30 days of the conclusion of the meeting.
The total dividend amount is required to be deposited in a separate account opened with a scheduled bank.
Any dividend remaining unpaid or unclaimed after 30 days is required to be transferred to a special account called the Unpaid Dividend Account, i.e. by the 37th day from declaration.
A statement containing the names, last known addresses and unpaid dividend payable to each person is required to be placed on the company’s website. Dividend remaining unclaimed for 7 years is later transferred to the Investor Education and Protection Fund.
Filing / Disclosure | Authority | Due Date | Applies to |
Outcome of Board Meeting | Stock Exchanges | Within 30 minutes of conclusion | Listed Company |
Website disclosure | Company website | Simultaneously with stock exchange disclosure | Listed Company |
Voting results of AGM | Stock Exchanges | Within 2 working days of AGM | Listed Company |
Intimation of record date | Stock Exchanges | At least 3 working days before record date | Listed Company |
Statement of unpaid dividend | Company website | Within 90 days of transfer to Unpaid Dividend Account | All Companies |
Default | Provision | Penalty |
Failure to give notice of Board Meeting | Section 173(4) | ₹25,000 on every officer whose duty it was to give notice |
Delay in prior intimation, voting results or record date intimation | Regulations 29, 42 and 44, SEBI SOP Circular | ₹10,000 per instance per item |
Non-compliance with trading window restrictions | SEBI (PIT) Regulations, 2015 | Not less than ₹1 lakh, up to ₹1 crore |
Delay in disclosures under Regulation 30 | Section 15A(b), SEBI Act, 1992 | ₹1 lakh, up to ₹1 lakh per day of default (maximum ₹1 crore) |
Default in minutes / Secretarial Standards | Section 118(11) | ₹25,000 on company and ₹5,000 on every officer in default, per meeting |
Failure to deposit dividend in separate account, or defect in AGM notice | Section 450 | ₹10,000 on company and every officer in default, plus ₹1,000 per day of continuing default (maximum ₹2 lakh for company, ₹50,000 for officers) |
Failure to pay dividend within 30 days | Section 127 | Interest at 18% p.a. for the period of default; every director knowingly a party liable to imprisonment up to 2 years and fine of at least ₹1,000 per day |
Failure to transfer to Unpaid Dividend Account | Section 124(3) | Interest at 12% p.a. on the amount not transferred, for the benefit of members |
Failure to upload statement of unpaid dividend | Section 124(7) | ₹1 lakh on company plus ₹500 per day (maximum ₹10 lakh); ₹25,000 on every officer in default plus ₹100 per day (maximum ₹2 lakh) |
BM = Date of Board Meeting; AGM = Date of AGM (date of declaration)
Timeline | Action | Applies to |
BM − 7 days | Notice, agenda and notes to directors | All Companies |
BM − 2 working days | Prior intimation to stock exchanges; trading window closed | Listed Company |
BM | Board recommends final dividend | All Companies |
BM + 30 minutes | Outcome to stock exchanges and website | Listed Company |
BM + 15 / 30 days | Draft minutes circulated / minutes signed | All Companies |
AGM − 21 clear days | Notice of AGM dispatched | All Companies |
AGM | Shareholders declare final dividend | All Companies |
AGM + 2 working days | Voting results to stock exchanges | Listed Company |
AGM + 3 working days (minimum) | Record date | Listed Company |
AGM + 5 days | Dividend deposited in separate bank account | All Companies |
AGM + 30 days | Dividend paid; AGM minutes signed | All Companies |
AGM + 37 days | Unpaid amount transferred to Unpaid Dividend Account | All Companies |
Transfer + 90 days | Statement of unpaid dividend on website | All Companies |
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