LD 1490
pg. 4
Page 3 of 10 An Act To Update and Clarify the Law Regarding the Conversion of a Nonprofit Ho... Page 5 of 10
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LR 1914
Item 1

 
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


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