(a) An institution: (i) Shall at all times maintain surplus in an amount which is equal to at least the amount of its capital, except as provided in section 1010(b) as to the initial surplus of a new institution, and(ii) Shall not by action of the institution reduce surplus without approval of the department and in no event to an amount less than the amount of its capital.(b) If the surplus of an institution is at any time less than the amount of its capital, the institution shall, until surplus is equal to such amount, transfer to surplus an amount which is at least ten percent of the net earnings of the institution for the period since the end of the last fiscal year or for any shorter period since the last declaration of a dividend:(i) prior to the declaration of any dividend, and(ii) in any event, at the end of each fiscal year except that if surplus is less than fifty percent of the amount of capital, no dividend may be declared or paid without the prior approval of the department until surplus is equal to fifty percent of the amount of capital.1965, Nov. 30, P.L. 847, No. 356, § 1103. Amended 1973, Sept. 27, P.L. 256, No. 72, § 9, imd. effective.