LD 1770
pg. 1
LD 1770 Title Page An Act Regarding Conversions of Nonprofit Entities to For-profit Entities Page 2 of 2
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LR 2100
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §194 is repealed and the following enacted in its
place:

 
§194.__Public charities

 
1.__Application; funds.__The Attorney General shall enforce
due application of funds given or appropriated to public
charities within the State and prevent breaches of trust in the
administration of the funds.

 
2.__Party to proceedings.__The Attorney General must be made a
party to all judicial proceedings in which the Attorney General
is interested in the performance of the Attorney General's duties
under of subsection 1.

 
3.__Investigation.__The Attorney General may conduct an
investigation whenever the Attorney General believes that
charitable funds have not been or are not being applied to
charitable purposes or that breaches of trust have been or are
being committed in the administration of a public charity,
including, but not limited to, a charitable trust, a public
benefit corporation or a mutual corporation holding assets in a
charitable trust.__In conducting an investigation, the Attorney
General may:

 
A.__Take testimony under oath;

 
B.__Examine or cause to be examined any documentary material
relevant to the alleged misapplication of charitable funds
or breach of trust; and

 
C.__Require attendance during the examination of documentary
material of a person having knowledge of the documentary
material and take testimony under oath.

 
4.__Taking testimony.__The taking of testimony and examination
must take place in the county where the testifying person resides
or has a place of business or, if the parties consent or the
testifying person is a nonresident or has no place of business
within the State, in Kennebec County.

 
A.__Notice of the time, place and cause of the taking of
testimony, examination or attendance must be given by the
Attorney General at least 10 days prior to the date of the
taking of testimony or examination.

 
B.__Service of a notice may be made by:


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