Section 212. Limited return on income debentures and stock  


Latest version.
  • 1.  No
      redevelopment  corporation  shall  pay  any  interest  on   its   income
      debentures  or  dividends  on its stock during any dividend year, unless
      there shall exist at the time of any such payment no default  under  any
      amortization requirements with respect to its indebtedness.
        2.  No  redevelopment  corporation shall pay or declare as interest on
      its income debentures and as dividends on its stock during any  dividend
      year  during  any portion of which there shall exist pursuant to section
      two hundred eleven of this article any exemption from local taxation  on
      any  of its real property, an amount which in the aggregate is in excess
      of the maximum dividend, except as provided in paragraphs three and four
      of this section two hundred twelve.
        3. In the event that in any dividend year the maximum exemption period
      with respect to  some  of  the  parcels  of  real  property  held  by  a
      redevelopment  corporation  shall have expired, and with respect to some
      such parcels shall not have  expired,  then  that  portion  of  its  net
      earnings  which  may  be  paid  or  declared  as  interest on its income
      debentures and as dividends on its stock during such dividend year shall
      be determined as follows: multiply the net earnings of  the  corporation
      subject  to  payment  or declaration as such interest or dividends, by a
      fraction the numerator of which is the total  of  the  maximum  assessed
      valuation  of  all  real property for which the maximum exemption period
      has not expired and the denominator of which is the total of the maximum
      assessed valuation of all the real property of the corporation; and  the
      result  will be the apportioned net earnings restricted as to payment as
      such interest or dividends; compute the amount of the  maximum  dividend
      as  though no apportionment of the same were to be affected and multiply
      the amount so arrived at by the same fraction; and the  result  will  be
      the  apportioned maximum dividend; only that portion of such apportioned
      net earnings which does not exceed such apportioned maximum dividend may
      be paid or declared as such interest or dividends; and that  portion  of
      the  net  earnings  obtained by subtracting from total net earnings such
      apportioned net earnings restricted as to payment as such  interest  and
      dividends  may  be paid or declared without restriction as such interest
      or dividends.
        4. In the event that in any one or more prior dividend years the total
      amount  paid  or  declared  as  interest  on  the  corporation's  income
      debentures  or  as  dividends on its stock shall have been less than the
      amounts allowable pursuant to paragraphs two and three of  this  section
      two  hundred twelve, then cumulative interest and dividends equal to the
      difference may be paid out of any net income applicable thereto  in  any
      subsequent dividend year despite the limitation imposed by paragraph two
      of this section two hundred twelve.