(805 ILCS 5/9.10)
(from Ch. 32, par. 9.10)
Distributions to shareholders.
(a) The board of directors
of a corporation may authorize, and the corporation may make, distributions
to its shareholders, subject to any restriction in the articles of incorporation
and subject also to the limitations of subsection (c) of this Section.
(b) If not otherwise determined under Section 7.25, the record date for
determining shareholders entitled to a distribution is the date of the resolution
of the board of directors authorizing the distribution.
(c) No distribution may be made if, after giving it effect:
(1) the corporation would be insolvent; or
(2) the net assets of the corporation would be less than zero or less
than the maximum amount payable at the time of distribution
to shareholders having preferential rights in liquidation if the corporation
were then to be liquidated.
(d) The board of directors may base a determination that a distribution
may be made under
subsection (c) either on financial statements prepared on the basis of accounting
practices and principles that are reasonable in the circumstances or on
a fair valuation or other method that is reasonable in the circumstances.
(e) The effect of a distribution under subsection (c) is measured as of
the earlier of:
(1) the date of its authorization if payment occurs within 120 days after
the date of authorization or the date of payment if payment occurs more
than 120 days after the date of authorization; or
(2) in the case of distribution by purchase, redemption, or other acquisition
of the corporation's shares, the earlier of (i) the date money or other
property is transferred or debt incurred by the corporation or (ii) the
date shareholders cease to be shareholders.
(Source: P.A. 83-1025.)