Understanding the legal concept of “statutory share” is critical for any corporate manager, business owner, or legal professional. A statutory share is a form of legal ownership that is established by and through statute. It is the legally-mandated portion of a business’s assets that must be distributed in a certain way.
Typically, the statutory share of a business’s assets is divided between the original shareholders of the company and any new shareholders who have been added since the business was formed. In certain cases, the statute may dictate that a certain fraction of the assets must remain in the company, and may not be distributed to the shareholders. In other cases, the statute may require that any new shareholders must receive a certain share of the assets.
The significance of a statutory share is that it provides shareholders and other stakeholders with a tangible legal right to a portion of a company’s assets, subject to the established requirements. This right serves as a formal mechanism for distributing profits and losses among a company’s shareholders, and it also serves to protect shareholders from any endeavor to unfairly disburse the assets of the company.
Why Is Statutory Share Important?
Statutory share is important for both regulatory and practical reasons. From a regulatory standpoint, statutory share is typically the only mechanism by which a company can distribute profits and losses among shareholders without running afoul of federal and state laws. Additionally, having a statutory share in place usually prevents legal disputes over the distribution of the company’s assets.
From a practical standpoint, having a statutory share in place should provide shareholders with some assurance that their investments will be treated fairly. This in turn should provide shareholders with some confidence in their investments, and make them more likely to invest. It also allows the company to better protect itself against legal action from shareholders who feel that their interests have been unfairly or improperly neglected.
Conclusion
Statutory share is an important legal concept that provides shareholders with a formal mechanism for receiving their portion of a company’s assets. Understanding this concept is critical for both business owners and legal professionals, as it serves to protect the interests of both parties and provides shareholders with a tangible right to the company’s assets.