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domestic stock insurer authorized to transact like | kinds of insurance; |
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| (6) The organization's management has not, through | reduction in volume of new business written or | cancellation or through any other means, sought to | reduce, limit, or affect the number or identity of | the organization's subscribers to be entitled to | participate in the conversion plan or to secure for | the individuals comprising management any unfair | advantage through the conversion plan; |
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| (7) The conversion plan provides that during the | first 3 years after the conversion, to avoid dilution | of the value of the shares issued in the conversion, | the converted stock insurer and its affiliates may | not issue shares greater in seniority, including | voting rights or dividends, than the shares issued | under the conversion plan. The superintendent may | waive the provisions contained in this subparagraph | if the superintendent, in the superintendent's sole | discretion, determines that the charitable trust has | control, as defined in Title 24-A, section 222, of | the converted stock insurer; |
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| (8) The conversion plan is consistent with the | charitable trust plan and does not adversely affect | the distribution of the organization's value to the | charitable trust; and |
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| (9) The conversion plan complies with all applicable | law. |
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| | Sec. 15. 24 MRSA §2301, sub-§9-D, ¶G, as enacted by PL 1997, c. 344, | §4, is repealed. |
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| | Sec. 16. 24 MRSA §2301, sub-§9-D, ¶I, as enacted by PL 1997, c. 344, | §4, is amended by amending subparagraph (1) to read: |
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| (1) The appraisal must enable determinations of | value for purposes of: the amount of cash or other | assets that the charitable trust will be entitled to | receive, without consideration, under the provisions | of the conversion plan required by paragraph E, | subparagraph (3). |
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| (a) The amount of cash or other assets that subscribers or | the charitable trust will be entitled to receive, without | consideration, under |
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