Articles of Association PDF - Anglo American

No dividend shall be paid otherwise than out of profits available for distribution under theprovisions of the Statutes.115 Ranking of shares for dividendUnless and to the extent that the rights attached to any shares or the terms of issue thereofotherwise provide, all dividends shall (as regards any shares not fully paid throughout theperiod in respect of which the dividend is paid) be apportioned and paid pro rata accordingto the amounts paid on the shares during any portion or portions of the period in respect ofwhich the dividend is paid. For the purposes of this Article no amount paid on a share inadvance of calls shall be treated as paid on the share.116 Manner of payment of dividends116.1 Any dividend or other moneys payable on or in respect of a share shall be paid to themember or to such other person as the member (or, in the case of joint holders of a share,all of them) may in writing direct. Such dividend or other moneys may be paid (i) bycheque sent by post to the payee or, where there is more than one payee, to any one ofthem, or (ii) by inter-bank transfer to such account as the payee or payees shall in writingdirect, or (iii) using the facilities of a relevant system, or (iv) by such other method ofpayment as the member (or in the case of joint holders of a share, all of them) may agreeto. Every such cheque shall be sent at the risk of the person or persons entitled to themoney represented thereby, and payment of a cheque by the banker upon whom it isdrawn, and any transfer or payment within (ii) or (iii) above, shall be a good discharge tothe Company.116.2 Subject to the provisions of these Articles and to the rights attaching to any shares, anydividend or other moneys payable on or in respect of a share may be paid in such currencyas the Directors may determine, using such exchange rate for currency conversions as theDirectors may select.116.3 The Company may cease to send any cheque, warrant or order by post for any dividend onany shares which is normally paid in that manner if in respect of at least two consecutivedividends payable on those shares the cheque, warrant or order has been returnedundelivered or remains uncashed but, subject to the provisions of these Articles, shallrecommence sending cheques, warrants or orders in respect of the dividends payable onthose shares if the holder or person entitled by transmission claims the arrears of dividendand does not instruct the Company to pay future dividends in some other way.116.4 Where a Related DAS Dividend in respect of any dividend of the Company has beendeclared by Anglo South Africa (Proprietary) Limited (for so long as it is a subsidiary ofthe Company) or any other South African incorporated subsidiary for the time being of theCompany (a “Qualifying Subsidiary”) on the DAS then, other than in respect of theExcess Amount, no dividend shall be declared or payable on Ordinary Shares in respectwhereof the holders are entered on the SA Branch Register on the record date for suchdividend specified in accordance with Article 118 (the “Relevant Shares”).For the purposes of this Article:A09099335/0.6/04 Mar 2008 - 45 -