ESC C16

More of a discussion point than a question, and apologies if this has already been discussed but - in absence of any firm guidance on the point - I have a query about the proposed new legislation. (Treat this post as made after 1 March 2012).

The new legislation will apply, inter alia, where a company has applied, or intends to apply, to be struck off. That seems straightforward enough. So what happens if there are, say, £40k of distributable reserves? The legislation catches, if there is more than one, the aggregate of dividends falling within the legislation. So, if application has been made to strike off and a dividend, or dividends, totalling £40k paid the new legislation will catch the whole lot. Again, seems straightforward.

But what if application to strike off has not yet been made? The obvious solution would be to pay a dividend of £15,001, apply for striking off, and then distribute the balance - as a capital distribution. But at what point does a dividend stop being a 'normal' dividend and become a dividend in anticipation of a dissolution (so that it is taken into account in working out whether the £25k limit is breached)?