Abstract

The article discusses a joint stock company’s right to claim back the interim dividend that has been paid. The author presents the legal institution of the interim dividend and the conditions for its payment. Further on, the author discusses the premises for the application of Art. 350 of the Commercial Companies Code and the circumstances under which it is possible to claim back the interim dividend that has been paid. The article calls for broader application of the second sentence of Art. 350.1 of the Commercial Companies Code to include also shareholders in good faith who received payments in accordance with the law and the articles of association. Apart from that, a view is expressed that the general meeting is bound by the management board’s decision to pay the interim dividend.