There is a newer version of the Maryland Code
Maryland Financial Institutions Section 3-306
§ 3-306.
  (a)   If the surplus of a commercial bank at any time is less than 100 percent of its capital stock, then, until the surplus is 100 percent of the capital stock, the commercial bank:
    (1)   Shall transfer to its surplus annually at least 10 percent of its net earnings; and
    (2)   May not declare or pay any cash dividends that exceed 90 percent of its net earnings.
  (b)   Any losses of a commercial bank that exceed its undivided profits may be charged to its surplus.
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