HSBC 2009 Annual Report Download - page 474

HSBC HOLDINGS PLC
Shareholder Information
Enforceability of judgements / Exchange controls / Dividends
472
Page
Information about the enforceability of
judgements made in the US .......................
.
472
Exchange controls and other limitations
affecting equity security holders ...............
.
472
Fourth interim dividend for 2008 ..................
.
472
Fourth interim dividend for 2009 ..................
.
472
Interim dividends for 2010 ............................
.
473
Dividends on the ordinary shares of HSBC
Holdings ....................................................
.
473
American Depositary Shares .........................
.
474
Nature of trading market ...............................
.
475
Shareholder profile .......................................
.
476
Memorandum and Articles of Association ...
.
476
Annual General Meeting ...............................
.
477
Interim Management Statements and
Interim results ............................................
.
478
Shareholder enquiries and communications ..
.
478
Investor relations ...........................................
.
479
Where more information about HSBC is
available ....................................................
.
480
Taxation of shares and dividends ..................
.
480
History and development of HSBC ..............
.
482
Organisational structure ................................
.
484
Information about the enforceability
of judgements made in the US
HSBC Holdings is a public limited company
incorporated in England and Wales. Most of HSBC
Holdings’ Directors and executive officers live
outside the US. As a result, it may not be possible to
serve process on such persons or HSBC Holdings in
the US or to enforce judgements obtained in US
courts against them or HSBC Holdings based on
civil liability provisions of the securities laws of the
US. There is doubt as to whether English courts
would enforce:
• certain civil liabilities under US securities laws
in original actions; or
• judgements of US courts based upon these civil
liability provisions.
In addition, awards of punitive damages in
actions brought in the US or elsewhere may be
unenforceable in the UK. The enforceability of any
judgement in the UK will depend on the particular
facts of the case as well as the laws and treaties in
effect at the time.
Exchange controls and other
limitations affecting equity security
holders
There are currently no UK laws, decrees or
regulations which would prevent the import or
export of capital or remittance of distributable profits
by way of dividends and other payments to holders
of HSBC Holdings’ equity securities who are not
residents of the UK. There are also no restrictions
under the laws of the UK or the terms of the
Memorandum and Articles of Association of HSBC
Holdings concerning the right of non-resident or
foreign owners to hold HSBC Holdings’ equity
securities or, when entitled to vote, to do so.
Fourth interim dividend for 2008
The market value of HSBC Holdings ordinary shares on the first day that the scrip dividend shares in respect of the
fourth interim dividend for 2008 were traded on the London Stock Exchange was more than 15 per cent greater than
the cash equivalent value used to calculate the scrip dividend entitlements. The market value of each HSBC Holdings
share for the purposes of UK income tax and capital gains tax calculations on 6 May 2009 was £5.3129 and the cash
equivalent value used to calculate scrip dividend entitlements was £3.906.
Accordingly, the UK HM Revenue and Customs will substitute the market value of £5.3129 per scrip dividend
share for UK income tax and capital gains tax purposes for the cash equivalent value of £3.906 per scrip dividend
share.
A replacement Notional Tax Voucher was sent on 3 June 2009 to shareholders on the Principal Register in the
UK who elected for the scrip dividend alternative in respect of the fourth interim dividend for 2008.
Fourth interim dividend for 2009
The Directors have declared a fourth interim dividend for 2009 of US$0.10 per ordinary share. Information on the
scrip dividend scheme and currencies in which shareholders may elect to have the cash dividend paid will be sent to
shareholders on or about 30 March 2010. The timetable for the dividend is: