If the company's profit after deducting loans is negative, it is impossible to make profit dividends.
According to the Company Law and other relevant regulations, the remaining part of the company's operating income after making up losses and deducting debts belongs to the pure profit part for dividends.
Because the bank loan has not been paid off, if the company has no net profit after deducting the bank loan, it will naturally be unable to pay dividends.
I. Observations
No, because the dividend right is a natural right granted to shareholders by the company law.
Second, the case of the Supreme Court.
1, case number
(2022) the Supreme People's Court applicationNo.11
2. The gist of the referee
The original trial held that although there was an agreement in the Fixed Assets Loan Contract that "Gold Company shall not distribute the operating profit of this project to its shareholders in any way without the written consent of the bank", this agreement should not constitute a restriction on the basic rights of shareholders, and the consequences of violating this agreement should not lead to the invalidation of the above-mentioned resolution of the shareholders' meeting on the profit distribution plan. Therefore, there is no basis for the original trial to order the company to pay the dividends owed by Yunnan Energy Investment Company, and there is no problem of improper application of the law.
Three. alleviate
When signing an agreement with the company, the creditors of the company should not only have the company's signature, but also all shareholders' signature, so shareholders should not pay dividends on the grounds of ignorance and the relativity of the contract.
If the shareholders know that the creditors of the company and the company are not allowed to pay dividends to the shareholders before the debt is paid off, but they still hold a shareholders' meeting to decide to pay dividends, the creditors can exercise their dividend rights for the purpose of harming the legitimate rights and interests of others on the grounds of abuse of rights stipulated in the civil law and request to confirm that the resolution is invalid.