36. Dividends
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(1) Subject to any limitations in its memorandum or articles, an international business company may, by a resolution of its directors, declare and pay dividends in money, shares or other property.
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(2) A dividend shall only be declared and paid out of surplus.
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(3) A dividend shall not be declared and paid unless the directors determine that immediately after the payment of the dividend—
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(a) the international business company will be able to satisfy its liabilities as they become due in the ordinary course of its business; and
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(b) the realisable value of the assets of the international business company will not be less than the sum of its total liabilities, other than deferred taxes, as shown in the books of account, and its capital,
and in the absence of fraud, the decision of the directors as to the realisable value of the assets of the international business company is conclusive, unless a question of law is involved.