| A. If the organization materially changes its form on or | before December 31, 2000 and the ownership of an | organization is at issue or is relevant in any proceeding | in court or before the superintendent, then 100% of the | fair market value of the organization as of the date of | the material change in form is must be owned by the | charitable trust upon the approval or approval with | modifications of the charitable trust plan or modified | charitable trust plan by the court pursuant to subsection | 5 or 6 and must be dedicated to the fulfillment of the | charitable trust. |
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| B. If the organization materially changes its form after | December 31, 2000 and on or before December 31, 2005, then | 95% of the fair market value of the organization as of the | date of the material change in form is owned by the | charitable trust upon the approval or approval with | modifications of the charitable trust plan or modified | charitable trust plan by the court pursuant to subsection | 5 or 6 and must be dedicated to the fulfillment of the | charitable trust; and the remaining 5% is owned by | subscribers in aggregate. For purposes of this paragraph, | subscribers include only those persons who were | subscribers on any date in the 3-year period immediately | prior to the material change in form, if in each case the | person was a subscriber for period of no less than 3 | consecutive months. |
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| C. If the organization materially changes its form after | December 31, 2005, then 90% of the fair market value of | the organization as of the date of the material change in | form is owned by the charitable trust upon the approval or | approval with modifications of the charitable trust plan | or modified charitable trust plan by the court pursuant to | subsection 5 or 6 and must be dedicated to the fulfillment | of the charitable trust; and the remaining 10% is owned by | subscribers in aggregate. For purposes of this paragraph, | subscribers include only those persons who were | subscribers on any date in the 3-year period immediately | prior to the material change in form, if in each case the | person was a subscriber for period of no less than 3 | consecutive months. |
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| | Sec. 4. 5 MRSA §194-A, sub-§3, as enacted by PL 1997, c. 344, §1, is | repealed. |
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| | Sec. 5. 5 MRSA §194-A, sub-§5, ¶B, as enacted by PL 1997, c. 344, §1, | is amended to read: |
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| B. An organization may not convert to a domestic stock | insurer under Title 24, section 2301, subsection 9-D until the | Superior Court has approved or approved with modifications the | organization's charitable trust plan. The |
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