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Saturday, April 16, 2011 4:12:11 PM
1. The Articles of incorporation provide the preferred shares receive dividends paid to the common. There is big dispute over the number of "as-converted" shares the preferred should get and whether the preferred are even validly issued.
2. Creditors of QASP can claim fraudulent conveyance if anything of value is distributed to a subordinate class during a preference period while the company is insolvent (which it is).
3. A dividend would require a vote of the Board, and there is dispute over who comprises the board.
4. To be able to dividend something out (shares of a shell) it has to get in first. QASP is presently frozen and can't take any corporate actions because of the stalemate.
5. This type of dividend (shares of a newly formed entity, not held for five years) would taxable income to the receivers on the implied value.
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