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ownership interest in the organization to fulfill the | | charitable mission of the charitable trust. |
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| | | (4) The charitable trust plan must require the | | charitable trust to report annually to the Attorney | | General as to its charitable activities and grant | | making relating to the use of its ownership interest | | in the organization and to make that annual report | | available to the public at both the Department of the | | Attorney General and the office of the charitable | | trust. |
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| | | (5) The charitable trust plan must require the | | charitable trust, at all times when the charitable | | trust owns stock in any converted stock insurer and | | for 5 calendar years after any such ownership, to | | provide audited financial statements on a calendar- | | year basis and other reports, as may be required, to | | the superintendent and the Attorney General at the | | time and in the manner as either the Attorney General | | or the superintendent prescribes. |
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| | (6) The charitable trust plan must state the | ownership interests of the charitable trust approved | by the Superior Court in the proceeding set forth in | subsection 3. |
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| | | (7) The charitable trust must have in place | | procedures and policies to prohibit conflicts of | | interest, including those associated with grant- | | making activities that may benefit the converted | | stock insurer, its affiliates, any person who owns or | | controls any ownership interest in either the | | converted stock insurer or its affiliates and any | | directors or officers of the converted stock insurer | | or its affiliates. |
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| | | Sec. 6. 5 MRSA §194-A, sub-§5, ¶D, as enacted by PL 1997, c. 344, §1, | | is amended to read: |
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| | | D. In approving, disapproving or approving with modification | | the charitable trust plan, the Superior Court may not review | | or decide the fair market value of the organization, including | | the methodologies for determining, allocating and transferring | the fair market value of the organization, the methodology for | allocating and transferring to the owners the ownership | interest identified in the statement of ownership interests | and charitable purposes approved by the Superior Court or the | fair market value of the organization. This paragraph does | | not in any way limit the appeal rights of any person under the | | Maine Rules of Civil Procedure, Rule 80(c) or under the Maine |
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