LD 1490
pg. 9
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LR 1914
Item 1

 
paragraph G 100% of the fair market value of the
organization;

 
(4) The conversion plan provides for the issuance of
capital stock or assets of the converted stock insurer
or a combination of stock and assets, without
consideration, to persons who were subscribers of the
organization on the date the conversion plan was filed
with the superintendent or on any date in the 3-year
period immediately prior to the date the conversion
plan was filed, if in each case the person was a
subscriber for a period of no less than 3 consecutive
months, under a fair and reasonable formula consistent
with and in the aggregate equal to the aggregate of the
subscribers' interests set forth in the statement of
ownership interests and charitable purposes, exclusive
of any shares issued pursuant to paragraph G;

 
(5) Immediately after, and giving effect to the terms
of, the conversion, the converted stock insurer would
be in safe and sound financial condition and would have
paid-in capital stock and surplus in amounts not less
than the minimum paid-in capital stock and surplus set
forth under Title 24-A, section 410 required of a
domestic stock insurer authorized to transact like
kinds of insurance;

 
(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;

 
(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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