Which TWO of the following statements concerning liability for the payment of unlawful dividends is correct? (1) Directors are liable if they declare a dividend that they know to be paid out of capital (2) Members who did not know the payment was unlawful are not liable (3) Directors face criminal liability if they declare unlawful dividends (4) Directors who honestly rely on proper accounts when deciding whether to pay a dividend are still liable if it turns out to be unlawful
A、1 and 2
B、1 and 4
C、2 and 3
D、3 and 4
A、1 and 2
B、1 and 4
C、2 and 3
D、3 and 4
【参考答案及解析】
Directors who know dividends are unlawful will be liable, but those who honestly rely on proper accounts when making the decision to pay the dividend are not liable. Liability is in civil law not criminal law. Members who did not know the payment was unlawful are not liable.
Directors who know dividends are unlawful will be liable, but those who honestly rely on proper accounts when making the decision to pay the dividend are not liable. Liability is in civil law not criminal law. Members who did not know the payment was unlawful are not liable.