BILL NUMBER: SB 1517 CHAPTERED 07/10/00 CHAPTER 112 FILED WITH SECRETARY OF STATE JULY 10, 2000 APPROVED BY GOVERNOR JULY 7, 2000 PASSED THE ASSEMBLY JUNE 26, 2000 PASSED THE SENATE APRIL 27, 2000 AMENDED IN SENATE MARCH 29, 2000 INTRODUCED BY Senator Brulte FEBRUARY 17, 2000 An act to amend Section 504 of the Corporations Code, relating to corporations. LEGISLATIVE COUNSEL'S DIGEST SB 1517, Brulte. Corporations: distributions to shareholders: real estate investment trusts. Existing law specifies the conditions under which, in general, a corporation and any of its subsidiaries may distribute to shareholders cash or property without consideration, whether by way of dividend or otherwise. This bill would exempt from those provisions a dividend declared by a real estate investment trust, as defined in federal tax law, to the extent that the dividend is necessary to maintain the status of the corporation as a real estate investment trust under federal tax law. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 504 of the Corporations Code is amended to read: 504. (a) The provisions of Section 500 do not apply to a dividend declared by either of the following: (1) A regulated investment company, as defined in the federal Internal Revenue Code, as amended, to the extent that the dividend is necessary to maintain the status of the corporation as a regulated investment company under the provisions of that code. (2) A real estate investment trust, as defined in Part II of Subchapter M of Chapter 1 of Subtitle A of the federal Internal Revenue Code, as amended, to the extent that the dividend is necessary to maintain the status of the corporation as a real estate investment trust under the provisions of that code. (b) The provisions of this chapter do not apply to any purchase or redemption of shares redeemable at the option of the holder by a registered open-end investment company under the United States Investment Company Act of 1940, so long as the right of redemption remains unsuspended under the provisions of that statute and the articles and bylaws of the corporation.