LD 1210
pg. 4
Page 3 of 6 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 5 of 6
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LR 597
Item 1

 
acquiring entity in the corporate action or one of its
affiliates, rights and benefits as a director that are
provided on the same basis as those afforded by the
acquiring entity generally to other directors of such
entity or such affiliate.

 
For the purposes of this subsection, the term "beneficial owner"
means any person who, directly or indirectly, through any
contract, arrangement or understanding, other than a revocable
proxy, has or shares the power to vote or to direct the voting of
shares, except that a member of a national securities exchange
may not be considered to be a beneficial owner of securities held
directly or indirectly by the member on behalf of another person
solely because that member is the record holder of such
securities if the member is precluded by the rules of such
exchange from voting without instruction on contested matters or
matters that may affect substantially the rights or privileges of
the holders of the securities to be voted. When 2 or more
persons agree to act together for the purpose of voting their
shares of the corporation, each member of the group formed by
that agreement is considered to have acquired beneficial
ownership, as of the date of such agreement, of all voting shares
of the corporation beneficially owned by any member of the group.

 
Sec. 6. 13-C MRSA §1306, sub-§2, ķA, as enacted by PL 2001, c. 640, Pt.
A, §2 and affected by Pt. B, §7, is amended to read:

 
A. Submits to the corporation the record shareholder's
written consent to the assertion of the rights no later than
the date referred to in section 1322 1323, subsection 2,
paragraph B, subparagraph (2); and

 
Sec. 7. 13-C MRSA §1434, sub-§3, as enacted by PL 2001, c. 640, Pt. A,
§2 and affected by Pt. B, §7, is amended to read:

 
3. Protection of interests. Pursuant to this section, the
court may grant relief other than dissolution as an alternative
to a decree of dissolution or whenever the circumstances of the
case are such that the other relief, but not dissolution, would
be appropriate, and the other relief should be granted when such
that relief would furnish greater protection of the interests of
creditors and shareholders than would dissolution.

 
Sec. 8. 31 MRSA §402, sub-§§2-A, 3-A and 16 are enacted to read:

 
2-A.__Deliver; delivery. "Deliver" or "delivery" means any
method of delivery used in conventional commercial practice,
including delivery by hand, mail, commercial delivery and
electronic transmission.


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