Maine § 5 §194 Public charities

Maine Statutes

§ 5 §194 — Public charities

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 1 STATE DEPARTMENTS·Ch. 9 ATTORNEY GENERAL

1.Definition. As used in this section and sections 194‑A to 194‑H and section 194‑K, "public charity" means an entity formed primarily for charitable purposes, including but not limited to:

2.Application; funds. The Attorney General shall enforce due application of funds given or appropriated to public charities within the State and prevent breaches of trust in the administration of public charities.

3.Gift. A gift to a public charity made for a public charitable purpose is deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in writing in the gift instrument.

4.Party to proceedings. The Attorney General must be made a party to all judicial proceedings in which the Attorney General is interested in the perform

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1.
Definition.
As used in this section and sections 194‑A to 194‑H and section 194‑K, "public charity" means an entity formed primarily for charitable purposes, including but not limited to:
2.
Application; funds.
The Attorney General shall enforce due application of funds given or appropriated to public charities within the State and prevent breaches of trust in the administration of public charities.
3.
Gift.
A gift to a public charity made for a public charitable purpose is deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in writing in the gift instrument.
4.
Party to proceedings.
The Attorney General must be made a party to all judicial proceedings in which the Attorney General is interested in the performance of the Attorney General's duties under subsection 2.
5.
Investigation.
The Attorney General may conduct an investigation using the methods set forth in subsections 6 and 7 if:
6.
Scope and powers related to investigation.
The authority of the Attorney General to conduct an investigation under this section is limited to investigation of the acts or practices described in subsection 5, paragraph A. In conducting the investigation, the Attorney General has authority to:
7.
Taking testimony; examining documents.
The taking of testimony and examination under subsection 6 must take place in the county where the testifying person resides or has a place of business or, if the parties consent or the testifying person is a nonresident or has no place of business within the State, in Kennebec County.
8.
Authority regarding conversion proceedings.
If a public charity files notice of a conversion transaction under section 194‑D or applies for approval of such a transaction under section 194‑E or 194‑F, the authority of the Attorney General with regard to the notice or approval and the proceedings for approval are governed by sections 194‑B to 194‑K and the provisions of this section do not apply.
9.
Notice to the Superintendent of Insurance.
If the Attorney General intends to conduct an investigation of a public charity that is subject to regulation by the Superintendent of Insurance, the Attorney General shall notify the superintendent that an investigation is being initiated. The Attorney General shall also notify the superintendent of the resolution of any such investigation.