LD 2574
pg. 6
Page 5 of 11 An Act to Harmonize State Financial Services Laws with Federal Law Page 7 of 11
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LR 3899
Item 1

 
insurer or any stock holding company, are deemed assets
of the estate of the reorganized domestic stock insurer
to the extent necessary to satisfy claims of persons who
have class 1, class 2, class 3 or class 4 claims under
section 4379; and

 
(3)__Members of the mutual holding company are deemed
to hold class 8 claims with respect to the mutual
holding company under section 4379.

 
C.__The name of a mutual holding company must contain the
word "mutual" and may not contain the words "insurance,"
"assurance" or "annuity."__The mutual holding company's
powers may not include doing insurance business.__The
articles of incorporation of a mutual holding company must
contain provisions stating that:

 
(1)__It is "a mutual holding company organized under
the Maine Revised Statutes, Title 24-A, section 3488";

 
(2)__A purpose of the mutual holding company is to
hold, directly or through one or more stock holding
companies, not less than 51% of the voting stock of a
reorganized insurer;

 
(3)__It is not authorized to issue voting stock;

 
(4)__It is not authorized to conduct any business other
than that of a holding company, except for the
acquisition, ownership, management and disposition of
its assets and all reasonably related actions; and

 
(5)__Its members have the rights specified in, and are
subject to, sections 3360, 3361, 3362, 3363, 3488, this
section, the mutual holding company's articles of
incorporation and its bylaws.

 
D.__At least a majority of the directors of the mutual
holding company and any related stock holding company and
any committee of the board of directors of the mutual
holding company and of any related stock holding company
must be outside directors.

 
E.__Each time voting stock of the reorganized insurer or any
related stock holding company is offered in a public
offering for a price payable in cash, each policyholder of
the reorganized insurer must receive, without payment,
nontransferable subscription rights to purchase that voting
stock at the same price and in accordance with procedures
approved by the superintendent as fair and equitable.


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