(1) To the exception of the voting right, preferential stock without voting rights grants each stockholder those rights to which they are entitled by a share of stock.
(2) Where the preferential right is to be paid in addition and the preferential amount is not paid in a given year, or not fully, and is not paid in the subsequent year in addition to the full preferential right for that year, the stockholders will be entitled to vote until the arrears have been paid. Where the preferential right is not to be paid additionally and the preferential amount is not paid in a given year, or not fully, the holders of preferential stock will be entitled to vote until the preferential right has been paid fully in a year. For as long as the voting right exists, the preferential stock is to be taken into account also in calculating a majority ratio of capital required by law or the by-laws.
(3) Unless stipulated otherwise in the by-laws, the fact that the preferential amount to be paid additionally has not been paid in a given year, or not fully, will not, in and of itself, give rise to a claim to the preferential amount in arrears, such claim being conditional upon later resolutions as to the distribution of profits.