The problem with which this note is concerned is whether under Nebraska law a corporation may pay a dividend from a surplus created, or at least enhanced, by a revaluation of fixed assets. The Nebraska Supreme Court has not decided the issue. In an attempt to answer this question the following must be considered: first, an examination of Nebraska’s statute and what it means; second, a survey of some representative types of state statutes and the cases decided under them; and third, the effect of policy considerations which any court must weigh when confronted with the problem.
I. The Nebraska Statute
II. Survey of State Statutes
III. Policy Considerations
Jerry C. Stirtz,
May Nebraska Corporations Pay a Dividend from Surplus Including Unrealized Appreciation from Revaluation of Fixed Assets,
34 Neb. L. Rev. 531
Available at: http://digitalcommons.unl.edu/nlr/vol34/iss3/9