LD 949
pg. 10
Page 9 of 14 An Act To Enhance the Supervisory Powers of the Department of Professional and ... Page 11 of 14
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LR 444
Item 1

 
4.__Proceedings generally.__The superintendent, conservator or
receiver may bring an action described in this chapter, or any
other action as determined appropriate, in the county in which the
financial institution is located or has its principal place of
business or in the Superior Court of Kennebec County. The
proceedings must be given precedence over other pending court cases
and must be expedited.

 
5.__Powers of superintendent.__The superintendent has the
following powers.

 
A. The superintendent may take any actions necessary to
carry out the terms and provisions of this chapter.

 
B.__All powers conferred under this chapter on the
superintendent are in addition to the powers otherwise
conferred upon the superintendent by law.

 
C.__The superintendent may adopt rules for the purpose of
carrying out provisions of this chapter. Rules adopted
pursuant to this paragraph are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.

 
6.__Mergers.__The conservator or receiver, with the approval
of the superintendent, may order the merger or consolidation of
any financial institution that is described in section 363-A or
365 with any other financial institution, state-chartered or
federally chartered, with the consent of the other financial
institution and may prescribe the mode or procedure for the
merger or consolidation and the terms and conditions of the
merger or consolidation.

 
Sec. 7. 9-B MRSA §469 is enacted to read:

 
§469.__Fundamental change in asset composition

 
1.__Requirement of prior approval.__A financial institution,
without the prior written approval of the superintendent, may not
change the composition of all or substantially all of its assets
through sales or other dispositions of assets, through purchases
or other acquisitions of assets or through other expansions of
its operations.

 
2.__Considerations.__In determining whether to approve the
change in the asset composition of a financial institution, the
superintendent shall consider the purpose of the proposed
transaction, its impact on the safety and soundness of the
financial institution and any effect on the customers of the
financial institution.__If the superintendent concludes that a


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