Title
Supreme Court
Amendment on dividend record dates
Law
Sec Memorandum Circular No. 02, S. Of 2009
Decision Date
Apr 17, 2009
The SEC amends rules governing cash dividends, establishing a mandatory record date of 10 to 30 days post-declaration, with a default of 15 days if unspecified, effective 15 days after publication.

Law Summary

Record Date for Cash Dividends

  • All cash dividends declared must have a record date.
  • The record date must be set no less than ten (10) days and no more than thirty (30) days from the date of declaration.
  • If no record date is specified, it is automatically deemed fixed at fifteen (15) days from the declaration date.

Single Declaration for Multiple Dividends

  • Companies obliged to pay dividends may issue a single declaration covering multiple cash dividends within a year.
  • Such declarations must explicitly specify the record and payment dates for each dividend.

Legal Effectivity and Publication

  • The amendment takes effect fifteen (15) days following its publication.
  • Publication must be done in two newspapers of general circulation in the Philippines.

Summary of Key Legal Concepts

  • The prescribed timeframe for the record date ensures investors and the market have clear information and is consistent with transparency and fairness.
  • The provision for automatic record date prevents ambiguity or delay in the processing of dividends.
  • Allowing a single declaration for multiple dividends enhances administrative efficiency but requires explicit disclosure to maintain investor rights.
  • The effectivity clause enforces proper public notice and legal compliance prior to implementation.

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