12 CFR §702.211

1. (a)Restriction on dividends. Dividends shall be available only from net worth, net of any special reserves established under § 702.208, if any.
2. (b)Payment of dividends and interest refunds. The board of directors may not pay a dividend or interest refund that will cause the credit union's capital classification to fall below adequately capitalized under subpart A of this part unless the appropriate regional director and, if state-chartered, the appropriate state official, have given prior written approval (in an RBP or otherwise). The request for written approval must include the plan for eliminating any negative retained earnings balance.