The King Washington Amendment to the Articles of Incorporation establishes guidelines and regulations for the payment of distributions from any legally available funds within an incorporated entity. This amendment plays a crucial role in governing how and when distributions can be made to the shareholders or members of the corporation. It sets forth specific provisions and conditions that must be met before distributions can be executed. The purpose of the King Washington Amendment is to ensure that distributions are made in compliance with applicable laws and regulations, thereby safeguarding the financial health and stability of the corporation. It aims to prevent imprudent or unlawful distribution practices that could negatively impact the organization's operations or jeopardize its legal standing. The key aspect of this Amendment revolves around the requirement to have "funds legally available" for distribution. This means that the corporation must possess sufficient profits, reserves, or surplus that can be lawfully allocated towards distributions. The availability of these funds is usually determined based on statutory requirements and the financial position of the organization. Different types of King Washington Amendments to the Articles of Incorporation regarding the payment of distributions may exist, tailored to specific circumstances or organizations: 1. Basic Distribution Amendment: This type of amendment outlines the overarching framework and conditions under which distributions may be made. It specifies the types of funds that qualify as "legally available," such as net profits or retained earnings, and any restrictions or limitations on the distribution amount or frequency. 2. Preferred Stock Distribution Amendment: In cases where a corporation has different classes of stock, this type of amendment determines the order and priority of distributions among the various stockholders' classes. It may outline provisions for preferred stockholders to receive distributions before common stockholders or establish preferential dividend rates for specific classes. 3. Qualified Dividend Amendment: This amendment adds additional provisions and requirements for distributions to be considered "qualified dividends" for tax purposes. It may include conditions such as a minimum holding period or specific shareholder qualifications and compliance with tax laws to ensure favorable tax treatment for recipients. 4. Capital Surplus Distribution Amendment: In situations where a corporation has accumulated capital surplus, this type of amendment outlines the rules governing the distribution of such surplus to shareholders. It may identify the sources of capital surplus, the percentage or formula for allocation, and any restrictions on its distribution. It is crucial to consult with legal professionals to ensure compliance with applicable laws and regulations while drafting or implementing a King Washington Amendment to the Articles of Incorporation on paying distributions out of legally available funds.