Dr Skywalker has been running a furniture manufacturing business in his own personal capacity as a sole proprietor. In January 2015, he set up Sky Sdn Bhd, a private company limited by shares for the business of furniture manufacturing. Both Dr Skywalker and Mrs Skywalker are the directors of the company. Although the business run by Dr Skywalker was worth RM100, 000, Dr Skywalker transferred the business to the company for RM200, 000. The company in exchange for the business granted Dr Skywalker a charge for RM200, 000 on the company’s properties. Upon the company being set up, Dr Skywalker purchased insurance from Insurance Sdn Bhd for the furniture belonging to the company under his own personal name. Two months after purchasing the insurance, the furniture of the company was destroyed by fire. The company incurred a huge loss of 6 months business resulting in a loss of RM10, 000. Task iii. Explain whether Dr Skywalker allowed to declare dividends out of the capital of the company? State your reasons.
Scenario B
Dr Skywalker has been running a furniture manufacturing business in his own personal capacity as a sole proprietor. In January 2015, he set up Sky Sdn Bhd, a private company limited by shares for the business of furniture manufacturing. Both Dr Skywalker and Mrs Skywalker are the directors of the company. Although the business run by Dr Skywalker was worth RM100, 000, Dr Skywalker transferred the business to the company for RM200, 000. The company in exchange for the business granted Dr Skywalker a charge for RM200, 000 on the company’s properties. Upon the company being set up, Dr Skywalker purchased insurance from Insurance Sdn Bhd for the furniture belonging to the company under his own personal name. Two months after purchasing the insurance, the furniture of the company was destroyed by fire. The company incurred a huge loss of 6 months business resulting in a loss of RM10, 000.
Task
iii. Explain whether Dr Skywalker allowed to declare dividends out of the capital of the company? State your reasons.
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