North Carolina Code § 58-7-125

Dividends not payable when capital stock impaired; liability of stockholders for unlawful dividends.
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No dividend shall be paid by any company incorporated in this State when its capital stock is impaired, or when such payment would have the effect of impairing its capital stock; and any dividend so paid subjects the stockholders receiving it to a joint and several liability to the creditors of said company to the extent of the dividend so paid.

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