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must contain a copy of any United States Securities and Exchange | | Commission filings, private placement memoranda or other documents | describing the proposed issue to potential investors; and |
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| | | 2. Purchase of own capital stock. The purchase of shares of | any type of its own capital stock equity interest. Notice must | contain such information as required by the superintendent.; and |
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| | | Sec. 13. 9-B MRSA §1019-A, sub-§3 is enacted to read: |
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| | | 3.__Exception requiring approval.__The issuance of equity | | interest or capital notes by a Maine financial institution | | holding company that is not required to file notice with the | | United States Securities and Exchange Commission.__Issuance under | | this subsection also requires prior approval of the | | superintendent.__A Maine financial institution holding company | | may not purchase or redeem its equity interests without the | | superintendent's prior written approval if the gross | | consideration for purchase or redemption, when aggregated with | | the net consideration paid by the company for all such purchases | | or redemptions during the preceding 12 months, is equal to 10% or | | more__of the company's consolidated net worth. |
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| | | Sec. 14. 9-B MRSA §1215, 2nd ¶, as enacted by PL 1997, c. 398, Pt. J, | | §2, is amended to read: |
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| | | If the holding company is not deemed to be a financial | | institution holding company under chapter 101 by virtue of | | controlling financial institutions other than nondepository trust | | companies, the superintendent may examine the holding company, | | including its subsidiaries and affiliates, to the extent | | necessary to determine the soundness and viability of the | | nondepository trust company. |
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| | | Sec. 15. 9-B MRSA §1226, 2nd ¶, as enacted by PL 1997, c. 398, Pt. J, | | §2, is amended to read: |
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| | | If the holding company is not deemed to be a financial | | institution holding company under chapter 101 by virtue of | | controlling financial institutions other than a merchant bank, | | the superintendent may examine the holding company, including its | | subsidiaries and affiliates, to the extent necessary to determine | | the soundness and viability of the merchant bank. |
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