First, I'm not sure what you mean by "providing funds." the power to declare dividends belongs to the board of directors, and not to the president. If the president wishes to declare a dividend to shareholders, but the board refuses to approve the dividend, then no dividend can be paid. Conversely, if the president does not wish to declare a dividend but the board decides otherwise, then a dividend will be paid. There also is nothing that requires the board of directors of a Subchapter S corporation to declare a dividend so that the shareholders have cash to pay their tax liability resulting from the corporation's profits. If the board does declare such a dividend, however, the president must take the necessary actions to comply with the board's directive. In any event, the President of a subchapter S corporation has no duty to ensure that shareholders have funds to pay any tax liability resulting from the corporation's profits. He certainly has no duty to make corporate funds available to shareholders for this purpose.
Answered on Jul 20th, 2012 at 9:15 PM