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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 |
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| (3)__Members of the mutual holding company are deemed | to hold class 8 claims with respect to the mutual | holding company under section 4379. |
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| 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: |
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| (1)__It is "a mutual holding company organized under | the Maine Revised Statutes, Title 24-A, section 3488"; |
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| (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; |
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| (3)__It is not authorized to issue voting stock; |
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| (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 |
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| (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. |
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| 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. |
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| 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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