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Ri Corporation Form

Ri Corporation Form

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A corporation with cumulative dividends may want to recapitalize to eliminate the arrearages and obtain additional financing. Common methods of recapitalization include amending the certificate of incorporation and merger into a subsidiary. Bove versus Community Hotel Corporation features one company’s attempt to eliminate arrearages through a merger. The Community Hotel Corporation of Newport, Rhode Island, had two classes of stock, preferred and common. For 24 years, dividends on the preferred shares accrued but were never declared. The accrued dividends totaled about $645,000. At the instance of Community’s board, a subsidiary entity was formed to effectuate a merger. Under the merger plan, Community would merge into Newport Hotel Corporation. Community’s outstanding stock would be converted into Newport stock, with each share of Community’s preferred stock being converted into five shares of Newport’s common stock. This conversion effectively eliminated the preferred stoc

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