LD 1474
pg. 4
Page 3 of 5 An Act To Require That Corporations Be Operated in a Manner That Does Not Adver... Page 5 of 5
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LR 222
Item 1

 
10.__Attorney General.__Whenever it appears to the Attorney
General that any corporation formed under this Title is engaged or
about to engage in any acts or practices that constitute or will
constitute damage to the public interest as defined by subsection
1, the Attorney General may bring an action to enjoin those acts or
practices, and upon proper showing a permanent or temporary
injunction or restraining order may be granted without bond.__The
Attorney General may bring an action in court and the court has
jurisdiction to impose, upon a proper showing, a civil penalty on
the person who committed the damage to the public interest. The
penalty is payable to the State.

 
11.__Injunctions.__Persons or entities who allege that they
will be adversely affected by any acts or practices that cause or
will cause damage to the public interest as defined by subsection
1 may bring an action to enjoin those acts or practices, and upon
proper showing a permanent or temporary injunction or restraining
order may be granted by a court without bond.

 
12.__Attorney's fees.__Upon motion, a court may award
attorney's fees to a successful party against one or more
defendants in any action brought pursuant to subsection 1 against
a corporation, a director or both if the court determines that:

 
A.__A significant benefit, whether pecuniary or
nonpecuniary, has been conferred on the general public or a
large class of persons;

 
B.__The necessity and financial burden of private
enforcement are such as to make the award appropriate; and

 
C.__Such fees should not, in the interest of justice, be
paid out of recovery, if any.

 
Sec. 3. 13-C MRSA §831, sub-§1, ¶B, as enacted by PL 2001, c. 640, Pt.
A, §2 and affected by Pt. B, §7, is amended to read:

 
B. In a manner that the director reasonably believes to be
in the best interests of the corporation, but not at the
expense of the environment, human rights, public health or
safety, the welfare of the communities in which the
corporation operates or the dignity of its employees.

 
Sec. 4. 13-C MRSA §843, sub-§1, ¶C, as enacted by PL 2001, c. 640, Pt.
A, §2 and affected by Pt. B, §7, is amended to read:

 
C. In a manner the officer reasonably believes to be in the best
interests of the corporation, but not at the expense of the
environment, human rights, public health or safety, the


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