LD 1490
pg. 9
Page 8 of 10 An Act To Update and Clarify the Law Regarding the Conversion of a Nonprofit Ho... Page 10 of 10
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LR 1914
Item 1

 
domestic stock insurer authorized to transact like
kinds of insurance;

 
(6) The organization's management has not, through
reduction in volume of new business written or
cancellation or through any other means, sought to
reduce, limit, or affect the number or identity of
the organization's subscribers to be entitled to
participate in the conversion plan or to secure for
the individuals comprising management any unfair
advantage through the conversion plan;

 
(7) The conversion plan provides that during the
first 3 years after the conversion, to avoid dilution
of the value of the shares issued in the conversion,
the converted stock insurer and its affiliates may
not issue shares greater in seniority, including
voting rights or dividends, than the shares issued
under the conversion plan. The superintendent may
waive the provisions contained in this subparagraph
if the superintendent, in the superintendent's sole
discretion, determines that the charitable trust has
control, as defined in Title 24-A, section 222, of
the converted stock insurer;

 
(8) The conversion plan is consistent with the
charitable trust plan and does not adversely affect
the distribution of the organization's value to the
charitable trust; and

 
(9) The conversion plan complies with all applicable
law.

 
Sec. 15. 24 MRSA §2301, sub-§9-D, ¶G, as enacted by PL 1997, c. 344,
§4, is repealed.

 
Sec. 16. 24 MRSA §2301, sub-§9-D, ¶I, as enacted by PL 1997, c. 344,
§4, is amended by amending subparagraph (1) to read:

 
(1) The appraisal must enable determinations of
value for purposes of: the amount of cash or other
assets that the charitable trust will be entitled to
receive, without consideration, under the provisions
of the conversion plan required by paragraph E,
subparagraph (3).

 
(a) The amount of cash or other assets that subscribers or
the charitable trust will be entitled to receive, without
consideration, under


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