Also known as:pro rata shares · prorata share · prorata shares · pro-rata share · pro-rata shares · pro rata · prorata · proportionate share
Written by attorneys · grounded in primary & secondary sources — see below
A proportionate portion of an asset, liability, or distribution allocated to a party based on its relative interest or share among all entitled parties.
Sources & Authorities
How it applies
Common Examples
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Corporate Asset Distribution
Pinnacle Holdings decides to dissolve and distribute its remaining cash reserves to shareholders. The board calculates each shareholder's ownership percentage and pays out the funds accordingly. Pablo Perez, holding twenty percent of the shares, receives exactly one-fifth of the total distribution.
Share Dividend Issuance
Pioneer Energy's board declares a ten-percent stock dividend on its common shares. The corporation issues new shares to existing holders without requiring payment. Paige Porter, who owns one hundred shares, receives ten additional shares matching her existing proportion.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Two drivers cause a single accident injuring a pedestrian. A jury finds both equally at fault and awards damages. After one driver pays the full judgment, he seeks half the amount from the other driver to equalize their payments.
Branham v. Ford Motor Co.390 S.C. 203, 701 S.E.2d 5 (2010)
Resource Allocation Dispute
A company limits access to a shared database during high demand. It divides usage slots evenly among all authorized users rather than favoring recent subscribers. One user receives only its calculated portion and challenges the division method.
eBay, Inc. v. Bidder’s Edge, Inc.100 F. Supp. 2d 1058, 1071 (N.D. Cal. 2000)
Securities Claim Standing
Investors allege misleading statements in a public offering. Only those who actually purchased shares during the offering period may recover. Each qualifying purchaser receives damages calculated according to its individual acquisition size relative to the total class.
Blue Chip Stamps v. Manor Drug Stores421 U.S., at 737
Nonmarital Property Division
A couple ends their long-term relationship without marriage. One partner seeks division of assets acquired during cohabitation. The court awards each party a share of the accumulated property based on their respective contributions and agreements.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
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How does pro rata allocation work when a corporation issues a share dividend?+
Shares are distributed to existing holders in direct proportion to their current ownership percentages. The allocation ensures each shareholder maintains the same relative stake without additional payment. This rule applies unless the articles of incorporation provide otherwise.
Supporting sources
What limits a tortfeasor's recovery in contribution claims?+
A tortfeasor who pays more than its equal share may recover only the excess from other jointly liable parties. Recovery cannot exceed the amount paid beyond that equal share. No tortfeasor is required to contribute more than its own equal portion of the total liability.
Supporting sources
Does a seller's pro rata allocation during shortage excuse performance?+
Allocation alone does not excuse performance. The seller must also provide seasonable notice of the delay or reduced quota to each buyer. Failure to notify timely prevents the seller from claiming excuse under the impracticability doctrine.
Supporting sources
How are covenant benefits apportioned after land subdivision?+
Each subdivided parcel receives a share of the original benefit. The servient party's total obligation remains unchanged and is divided proportionally among the parcels. This prevents unreasonable increase in the burden while preserving the covenant for all new owners.
Supporting sources
557 P.2d 106 (Cal. 1976)Property
…joint effort. To the extent that a partner had contributed funds or property, the cases held that the partner obtains a proportionate share in the acquisition, despite the lack of legal standing of the relationship. ( Vallera v. Vallera, supra, 21 Cal.2d at p. 685; see Weak v. Weak, supra, 202 Cal. App.2d 632, 639.) Yet…