The Maine Amendment to Articles of Incorporation regarding paying distributions out of any funds legally available therefor is an important aspect of corporate governance in the state of Maine. This amendment outlines the procedures and guidelines for a corporation to pay distributions to its shareholders from funds that are legally available. Under Maine law, corporations must adhere to certain requirements and restrictions when it comes to paying distributions. The amendment clarifies that distributions can only be paid out of funds legally available to the corporation, which means funds that are not restricted by law or by the corporation's own obligations. It is essential for corporations to carefully consider the amount of funds available before paying out any distributions. This ensures that the corporation remains financially sound and able to meet its other obligations, such as paying creditors and maintaining adequate reserves. The Maine Amendment to Articles of Incorporation may include various types, depending on the specific needs and circumstances of the corporation. Some common types of amendments related to paying distributions out of legally available funds are: 1. General Distributions Amendment: This amendment provides a general framework for paying distributions, outlining the sources from which funds can be legally used and the process for determining the distribution amount. 2. Preferred Shareholder Distributions Amendment: In corporations with different classes of shares, this amendment specifically addresses the distribution rights and priorities of preferred shareholders. It may determine that preferred shareholders have a certain preference or priority over common shareholders when it comes to receiving distributions. 3. Class Specific Distributions Amendment: If a corporation has multiple classes of shares with different rights and preferences, this type of amendment specifies the distribution rules for each class. It may outline different amounts, timing, or conditions for distributions for each class. 4. Retained Earnings Amendment: This amendment establishes guidelines for distributing funds from retained earnings, which are the profits that have been accumulated by the corporation in past periods. It may set limits or conditions for utilizing these earnings as a source for distributions. 5. Capital Surplus Distributions Amendment: In situations where a corporation has surplus capital, this amendment allows for the distribution of these additional funds to shareholders. It typically defines the circumstances, methods, and limitations for distributing capital surplus. Corporations in Maine must comply with these amendments to ensure they follow the legal requirements and obligations associated with paying distributions. Properly implementing these amendments safeguards the financial stability of the corporation and protects the interests of both shareholders and creditors.