|
ownership interest in the organization to fulfill the | charitable mission of the charitable trust. |
|
| (4) The charitable trust plan must require the | charitable trust to report annually to the Attorney | General as to its charitable activities and grant | making relating to the use of its ownership interest | in the organization and to make that annual report | available to the public at both the Department of the | Attorney General and the office of the charitable | trust. |
|
| (5) The charitable trust plan must require the | charitable trust, at all times when the charitable | trust owns stock in any converted stock insurer and | for 5 calendar years after any such ownership, to | provide audited financial statements on a calendar- | year basis and other reports, as may be required, to | the superintendent and the Attorney General at the | time and in the manner as either the Attorney General | or the superintendent prescribes. |
|
| (6) The charitable trust plan must state the | ownership interests of the charitable trust approved | by the Superior Court in the proceeding set forth in | subsection 3. |
|
| (7) The charitable trust must have in place | procedures and policies to prohibit conflicts of | interest, including those associated with grant- | making activities that may benefit the converted | stock insurer, its affiliates, any person who owns or | controls any ownership interest in either the | converted stock insurer or its affiliates and any | directors or officers of the converted stock insurer | or its affiliates. |
|
| | Sec. 6. 5 MRSA §194-A, sub-§5, ¶D, as enacted by PL 1997, c. 344, §1, | is amended to read: |
|
| D. In approving, disapproving or approving with modification | the charitable trust plan, the Superior Court may not review | or decide the fair market value of the organization, including | the methodologies for determining, allocating and transferring | the fair market value of the organization, the methodology for | allocating and transferring to the owners the ownership | interest identified in the statement of ownership interests | and charitable purposes approved by the Superior Court or the | fair market value of the organization. This paragraph does | not in any way limit the appeal rights of any person under the | Maine Rules of Civil Procedure, Rule 80(c) or under the Maine |
|
|