Utah Terms of Class One Preferred Stock

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US-CC-4-291
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This sample form, a detailed Terms of Class One Preferred Stock document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

What Is Cumulative Preferred Stock? Cumulative preferred stock is a type of preferred stock with a provision that stipulates that if any dividend payments have been missed in the past, the dividends owed must be paid out to cumulative preferred shareholders first.

The one-class-of-stock rule prevents the corporation from having the complexity related to allocating earnings to multiple classes of owners. A corporation has only one class of stock if all outstanding shares provide for identical rights to stockholders regarding distribution and liquidation proceeds.

Preference Shares2 can be cumulative or non-cumulative. The former gives shareholders the right to receive cumulative dividend payouts from the company even if they are not profitable. That dividend payout can be made at some later point of time.

Cumulative preferred stock provides consistent income to shareholders. It ensures that if dividends are not paid in a particular period, they accumulate and must be paid in the future. This feature can attract risk-averse investors who seek reliable dividend payments and a degree of security.

Whether a preferred stock is cumulative or straight (non-cumulative) determines if the issuer must make up skipped payments. If it's cumulative, the issuer must pay missed dividends to preferred stockholders at some point. If it's straight, the issuer will not make up skipped dividends.

When preferred stock is cumulative and the directors either do not declare a dividend to preferred stockholders or declare one that does not cover the total amount of cumulative dividend, the unpaid dividend amount is called dividend in arrears.

16-10a-601 Authorized shares. All shares of a class shall have preferences, limitations, and relative rights identical with those of other shares of the same class except to the extent otherwise permitted by this section and Section 16-10a-602.

There are four general types of Preferred Stock: Non-Cumulative Shares: No back payment of deferred dividend payments. Participating: Offer higher-than-normal dividends when profits are higher-than-normal. Convertible: Option to convert shares into Common Stock if desired.

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Utah Terms of Class One Preferred Stock