1. (a) Describe the proposed distribution, including:

   1. (1) In case the proposed distribution is to consist of a dividend on shares of the licensee, identify the class or series of such shares, state the amount of the dividend per share, and state the aggregate amount of the dividend.
   2. (2) In case the proposed distribution is to consist of a purchase or redemption of shares, identify the class or series of such shares to be purchased or redeemed, state the amount to be paid per share, and state the aggregate amount to be paid.

2. (b) State the date on which the licensee is to make the proposed distribution, including:

   1. (1) In case the proposed distribution consists of a dividend on shares of the licensee, state the record date, the date of declaration of the dividend, and the date of payment of the dividend.
   2. (2) In case the proposed distribution consists of a purchase or redemption of shares of the licensee, state the date of the purchase or redemption.
3. (c) Provide a balance sheet of the licensee as of a date within 30 days before the filing of the application.
4. (d) Provide a pro forma balance sheet of the licensee as of the date of the balance sheet called for in Subdivision (c) of this Section, adjusted to give effect to the proposed distribution.
5. (e) Show that the proposed distribution will comply with applicable provisions of the Corporations Code and any applicable provisions of the articles and the by-laws of the licensee.
6. (f) State whether the proposed distribution will comply with all applicable contractual restrictions, including restrictions in lending agreements or in indenture agreements.

An application by a licensee for approval pursuant to Article 4 (commencing with Section 31230), Chapter 4 of the Business and Industrial Development Corporations Law to make, or to obligate itself to make, a distribution to its shareholders shall contain the following information:

Note: Authority cited: Section 31101, Financial Code. Reference: Sections 31107 and 31231, Financial Code.

History

1. Repealer of subsection (e), subsection relettering, repealer of subsections (g) and (h), and new Note filed 4-7-97; operative 4-7-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

2. New subsection (f) filed 4-14-98; operative 5-14-98 (Register 98, No. 16).