Shandong Case 2024 No. 739

Reference Case: Whether a Former Shareholder May Claim Undistributed Profits from the Prior Holding Period

Before the company adopts a distribution resolution, the right to profit distribution remains an abstract shareholder right attached to membership status. If the shares are transferred through enforcement or voluntary disposition before any dividend resolution or specific distribution plan exists, the former shareholder transfers that abstract right with the shares and cannot later recapture the not-yet-declared profits through unjust enrichment or similar claims.

Holding

Before the company adopts a distribution resolution, the right to profit distribution remains an abstract shareholder right attached to membership status. If the shares are transferred through enforcement or voluntary disposition before any dividend resolution or specific distribution plan exists, the former shareholder transfers that abstract right with the shares and cannot later recapture the not-yet-declared profits through unjust enrichment or similar claims.

Issues

abstract profit-distribution rightconcrete dividend claimownership of undecided dividends after share transfer