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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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