Massachusetts General Laws

Mass. Gen. Laws ch. 167, § 31 (2026)

Dividends; objections to claims

✓ current as of July 2026
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Section 31. At any time after the expiration of the date fixed for the presentation of claims, the supreme judicial court, on application of the commissioner, depositor, creditor, stockholder or any party in interest, may authorize or direct the commissioner to declare out of the funds remaining in his hands, after the payment of expenses, one or more dividends, and, after the expiration of one year from the first publication of notice to creditors, or earlier, if the supreme judicial court so orders, the commissioner may declare a final dividend, such dividends to be paid to such persons, in such amounts, and upon such notice as may be directed by the supreme judicial court or as may be directed by a justice of said court. Objections to any claim not rejected by the commissioner may be made by any person interested by filing a copy of the objections with the commissioner who shall present the same to the supreme judicial court at the time of the next application for leave to declare a dividend. The court to which such application is made shall thereupon dispose of said objections, or may refer them to a master, and, should the objections to any claim be sustained by the court or by the master, no dividend thereon shall be paid by the commissioner until the claimant shall have established his claim by the judgment of a court of competent jurisdiction. The court may make proper provision for unproved or unclaimed deposits.

Notes of Decisions
Cited in 3 cases, 1923–1925 · leading case: Comm'r of Banks, 141 N.E. 504 (Mass. 1923).
Comm'r of Banks, 141 N.E. 504 (Mass. 1923). “This is a petition under G. L. c. 167, § 31, for authority to declare a dividend to the creditors of H.”
Comm'r of Banks v. Commonwealth-Atl. Nat'l Bank, 248 Mass. 302 (Mass. 1924). “On or about November 8, 1922, a decree was entered under G. L. c. 167, § 31, authorizing payment by the plaintiff of a dividend of ten per cent on all ordinary claims in the commercial department of the trust company of which the plaintiff had received legal proof according to…”
Comm'r of Banks, 252 Mass. 348 (Mass. 1925). “” G. L. c. 167, § 31. This section conveys no mandate that provision must be made in a decree for a final dividend for “unproved or unclaimed deposits” as to which no proof has been made when the time has come for final distribution.”
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