LD 587
pg. 2
Page 1 of 5 An Act To Make Changes to the Banking Laws Page 3 of 5
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LR 443
Item 1

 
immediate action for the protection of depositors or
shareholders investors, or where such the violation or
practice, or the continuation thereof, is likely to cause
insolvency or substantial dissipation of the assets or
earnings of the institution, the superintendent may issue
orders pursuant to subsection 1, which shall become effective
upon service thereof, without prior notice or hearing.

 
Sec. 5. 9-B MRSA §312, sub-§5, ¶D, as enacted by PL 1997, c. 398, Pt.
C, §7, is amended to read:

 
D. All initial and subsequent capital contributions must be
in the form of cash, unless otherwise approved by the
superintendent.

 
Sec. 6. 9-B MRSA §342, sub-§1, ¶H is enacted to read:

 
H.__Upon approval of the superintendent and evidence that
the converting institution has complied with all applicable
state and federal laws, rules and regulations, the
superintendent shall issue to the resulting institution a
certificate specifying the name of the converting
institution and shall file a copy of the certificate with
the Secretary of State.__This certificate, once filed, is
conclusive evidence of the conversion and of the correctness
of all proceedings relating to the conversion in all courts
and places.__Unless a later date is specified in the
certificate, the conversion is effective upon issuance of
the certificate.

 
Sec. 7. 9-B MRSA §412-A, sub-§3, as enacted by PL 1997, c. 398, Pt. I,
§3, is repealed.

 
Sec. 8. 9-B MRSA §412-A, sub-§3-A is enacted to read:

 
3-A.__Approval. Any issuance considered as capital under
subsection 1 or under rules adopted under subsection 1 must be
submitted to the superintendent for the superintendent's approval
at least 10 days prior to issuance and include any documentation
the superintendent considers necessary.

 
Sec. 9. 9-B MRSA §445, sub-§1, as amended by PL 1997, c. 22, §12, is
further amended to read:

 
1. Authorization. A financial institution may establish,
acquire or invest in the capital stock equity interest,
obligations or other securities of a service corporation, as
defined in section 131, or otherwise participate in or utilize
the service of such a corporation. A service corporation may be


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