(220 ILCS 5/7-103)
(from Ch. 111 2/3, par. 7-103)
(1) Whenever the Commission finds that the capital of any public
utility has become impaired, or will be impaired by the payment of a
dividend, the Commission shall have power to order said public utility to
cease and desist the declaration and payment of any dividend upon its
common and preferred stock, and no such public utility shall pay any
dividend upon its common and preferred stock until such impairment shall
have been made good.
(2) No utility shall pay any dividend upon its common stock and
preferred stock unless:
(a) The utility's earnings and earned surplus are sufficient to declare
and pay same after provision is made for reasonable and proper reserves.
(b) The dividend proposed to be paid upon such common stock can
reasonably be declared and paid without impairment of the ability of the
utility to perform its duty to render reasonable and adequate service at
(c) It shall have set aside the depreciation annuity prescribed by the
Commission or a reasonable depreciation annuity if none has been prescribed.
If any dividends on common stock are proposed to be declared and paid
other than as above provided, the utility shall give the Commission at
least thirty days' notice in writing of its intention to so declare and pay
such dividends and the Commission shall authorize the payment of such
dividends only if it finds that the public interest requires such payment.
Provided, however, that the Commission may grant such authority upon such
conditions as it may deem necessary to safeguard the public interest.
(Source: P.A. 84-617.)