Also known as:pro-rata apportionment · prorata apportionment · pro rata apportionments · pro rata · prorata
Written by attorneys · grounded in primary & secondary sources — see below
A method of dividing assets, shares, benefits, or proceeds among multiple parties in proportion to their respective ownership interests or claim amounts. The allocation ensures each recipient receives a share calculated by reference to the total pool and the recipient's relative stake, without preference among equal-ranking claimants.
Sources & Authorities
How it applies
Common Examples
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Corporate Asset Distribution
Pinnacle Holdings decides to dissolve and distribute its remaining cash and equipment to its two classes of shareholders. The board calculates each shareholder's percentage ownership and issues checks and equipment titles reflecting those exact percentages. Shareholders of the same class receive identical treatment based solely on their proportional holdings.
Share Dividend Issuance
Paragon Construction's board authorizes a ten-percent stock dividend on its common shares. The corporation issues additional shares to every common shareholder in exact proportion to the number of shares already held, without requiring any payment. Each holder receives the same percentage increase in ownership.
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Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Lien Surplus Allocation
After a foreclosure sale produces a surplus, equal-ranking junior lienholders including a judgment creditor and a secured lender assert claims against the proceeds. The court distributes the surplus pro rata among those equal-ranking claimants in proportion to the amounts of their respective claims.
Williams v. Walker-Thomas Furniture Co.121 U.S. App. D.C. 315, 319-320, 350 F.2d 445, 449-450 (1965)
Usage Proportion Calculation
A website operator measures automated queries from a data aggregator against total site traffic. The operator calculates the aggregator's share of requests and data transferred as a percentage of overall activity to determine whether the burden imposed remains within acceptable limits.
eBay, Inc. v. Bidder’s Edge, Inc.100 F. Supp. 2d 1058, 1071 (N.D. Cal. 2000)
Common questions
Frequently Asked
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When land subject to an affirmative covenant is subdivided, how is the benefit apportioned among the resulting parcels?+
Each parcel receives a proportionate share of the original benefit. The servient party's total obligation remains capped at the original amount, so the benefit is divided proportionally among all parcels to avoid increasing the burden.
Supporting sources
How are surplus foreclosure proceeds distributed when multiple junior liens exist?+
The surplus is applied to junior liens in order of their priority until exhausted. Any remaining balance then goes to the holder of the equity of redemption.
Supporting sources
Does a share dividend require equal treatment of all holders of the same class?+
Yes. Shares must be issued pro rata to all shareholders of the class or series unless the articles provide otherwise. Selective exclusion of a shareholder violates the pro rata requirement.
Supporting sources
In community property states that follow pro rata apportionment, how is a home characterized when separate and community funds both pay the purchase price?+
The home is apportioned between separate and community ownership according to the relative amounts each contributed to the purchase price.
Supporting sources
100 F. Supp. 2d 1058 (N.D. Cal. 2000)Torts
…that they assume the maximal BE usage of eBay resources continued over all ten months. Moreover, the calculations attribute a pro rata share of eBay expenditures to BE activity, rather than attempting to calculate the incremental cost to eBay due to BE activity. eBay has not alleged any specific incremental damages…