LD 587
pg. 5
Page 4 of 5 An Act To Make Changes to the Banking Laws LD 587 Title Page
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LR 443
Item 1

 
SUMMARY

 
This bill makes several changes to the banking laws in the
Maine Revised Statutes, Title 9-B.

 
1. The bill amends the definitions of "savings account" and
"service corporation."

 
2. The bill clarifies that the Superintendent of Financial
Institutions may restrict withdrawal of funds to protect
investors.

 
3. The bill clarifies that both initial and subsequent
capital contributions to organize a financial institution must be
in the form of cash, unless otherwise approved by the
Superintendent of Financial Institutions.

 
4. The bill enacts language establishing a certificate that
is evidence of conversion from a federal to a state charter that
will be filed with the Secretary of State.

 
5. The bill changes the current notification procedure for
issuance of new bank capital to an approval process.

 
6. The bill replaces the terms "capital stock" and "preferred
stock" in several sections of the banking laws with the term
"equity interest," which is a defined term in the banking laws.

 
7. The bill clarifies that a credit union may organize or
invest in a service corporation regardless of its business
structure so long as it is structured to limit the credit union's
exposure to loss.

 
8. The bill clarifies the law governing the use of the
restricted term "credit union," bringing the law into conformance
with the provisions governing use of other restricted terms:
"bank," "savings" and "trust."

 
9. The bill incorporates a provision that requires only those
Maine financial institution holding companies that do not have to
file notice with the United States Securities and Exchange
Commission to first receive approval of the superintendent before
issuance of equity interest or capital notes.

 
10. The bill clarifies the authority of the superintendent to
examine a holding company of a nondepository trust company or
merchant bank, including its subsidiaries and affiliates.


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