LD 1490
pg. 2
Page 1 of 10 An Act To Update and Clarify the Law Regarding the Conversion of a Nonprofit Ho... Page 3 of 10
Download Bill Text
LR 1914
Item 1

 
A. If the organization materially changes its form on or
before December 31, 2000 and the ownership of an
organization is at issue or is relevant in any proceeding
in court or before the superintendent, then 100% of the
fair market value of the organization as of the date of
the material change in form is must be owned by the
charitable trust upon the approval or approval with
modifications of the charitable trust plan or modified
charitable trust plan by the court pursuant to subsection
5 or 6 and must be dedicated to the fulfillment of the
charitable trust.

 
B. If the organization materially changes its form after
December 31, 2000 and on or before December 31, 2005, then
95% of the fair market value of the organization as of the
date of the material change in form is owned by the
charitable trust upon the approval or approval with
modifications of the charitable trust plan or modified
charitable trust plan by the court pursuant to subsection
5 or 6 and must be dedicated to the fulfillment of the
charitable trust; and the remaining 5% is owned by
subscribers in aggregate. For purposes of this paragraph,
subscribers include only those persons who were
subscribers on any date in the 3-year period immediately
prior to the material change in form, if in each case the
person was a subscriber for period of no less than 3
consecutive months.

 
C. If the organization materially changes its form after
December 31, 2005, then 90% of the fair market value of
the organization as of the date of the material change in
form is owned by the charitable trust upon the approval or
approval with modifications of the charitable trust plan
or modified charitable trust plan by the court pursuant to
subsection 5 or 6 and must be dedicated to the fulfillment
of the charitable trust; and the remaining 10% is owned by
subscribers in aggregate. For purposes of this paragraph,
subscribers include only those persons who were
subscribers on any date in the 3-year period immediately
prior to the material change in form, if in each case the
person was a subscriber for period of no less than 3
consecutive months.

 
Sec. 4. 5 MRSA §194-A, sub-§3, as enacted by PL 1997, c. 344, §1, is
repealed.

 
Sec. 5. 5 MRSA §194-A, sub-§5, ¶B, as enacted by PL 1997, c. 344, §1,
is amended to read:

 
B. An organization may not convert to a domestic stock
insurer under Title 24, section 2301, subsection 9-D until the
Superior Court has approved or approved with modifications the
organization's charitable trust plan. The


Page 1 of 10 Top of Page Page 3 of 10