Maine Revised Statutes > Title 13-C > Chapter 13 – Appraisal Rights
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 13-C > Chapter 13 - Appraisal Rights
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affiliate: means :
A. See Maine Revised Statutes Title 13-C Sec. 1301Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Aquatic plant: means a plant species that requires a permanently flooded freshwater habitat. See Maine Revised Statutes Title 12 Sec. 13001 Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Maine Revised Statutes Title 24-A Sec. 3855 Beneficial owner: means any person who, directly or indirectly, through any contract, arrangement or understanding, other than a revocable proxy, has or shares the power to vote, or to direct the voting of, shares; except that a member of a national securities exchange is not considered to be a beneficial owner of securities held directly or indirectly by it on behalf of another person solely because the member is the record holder of the securities if the member is precluded by the rules of the exchange from voting without instruction on contested matters or matters that may affect substantially the rights or privileges of the holders of the securities to be voted. See Maine Revised Statutes Title 13-C Sec. 1301 Beneficial shareholder: means a person who is the beneficial owner of shares held in a voting trust or by a nominee on the beneficial owner's behalf. See Maine Revised Statutes Title 13-C Sec. 1301 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bow: means the forward half of a watercraft. See Maine Revised Statutes Title 12 Sec. 13001 Bureau: means the Office of MaineCare Services with respect to section 7703 and section 1828. See Maine Revised Statutes Title 22 Sec. 3291 Business: means any corporation, partnership, limited liability corporation, professional corporation or any other legal business entity recognized under the laws of the State. See Maine Revised Statutes Title 5 Sec. 4651 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Confidential information: means information deemed confidential by chapters 958?A and 1071, and sections 7703 and 1828. See Maine Revised Statutes Title 22 Sec. 3291 Corporation: means the issuer of the shares held by a shareholder demanding appraisal and, for matters covered in sections 1323 to 1332, includes the surviving entity in a merger. See Maine Revised Statutes Title 13-C Sec. 1301 Court: means any District Court and, with regard to section 4659, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 5 Sec. 4651 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 3291 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Director: means the Director of the Office of Child and Family Services with respect to confidential information derived from chapters 958?A and 1071, and the Director of the Office of MaineCare Services or the Director of the Office of Child and Family Services with respect to confidential information derived from section 7703 and the Director of the Office of MaineCare Services with respect to confidential information derived from section 1828. See Maine Revised Statutes Title 22 Sec. 3291 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Excluded shares: means shares acquired pursuant to an offer for all shares having voting power if the offer was made within one year prior to the corporate action for consideration of the same kind and of a value equal to or less than that paid in connection with the corporate action; and [PL 2011, c. See Maine Revised Statutes Title 13-C Sec. 1301 Fair value: means the value of a corporation's shares determined:
A. See Maine Revised Statutes Title 13-C Sec. 1301Fraud: Intentional deception resulting in injury to another. Harassment: means :
A. See Maine Revised Statutes Title 5 Sec. 4651Hearing officer: means presiding officer, judge, board chair, arbitrator or any other person responsible for conducting a proceeding or hearing subject to this chapter. See Maine Revised Statutes Title 22 Sec. 3291 In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Interest: means interest from the effective date of a corporate action until the date of payment, at the rate of interest on judgments in this State on the effective date of the corporate action. See Maine Revised Statutes Title 13-C Sec. 1301 Interested person: means a person, or an affiliate of a person, who at any time during the one-year period immediately preceding approval by the board of directors of the corporate action:
(1) Was the beneficial owner of 20% or more of the voting power of the corporation, other than as owner of excluded shares;
(2) Had the power, contractually or otherwise, other than as owner of excluded shares, to cause the appointment or election of 25% or more of the directors to the board of directors of the corporation; or
(3) Was a senior executive or director of the corporation or a senior executive of any affiliate thereof and will receive, as a result of the corporate action, a financial benefit not generally available to other shareholders as such, other than:
(a) Employment, consulting, retirement or similar benefits established separately and not as part of or in contemplation of the corporate action;
(b) Employment, consulting, retirement or similar benefits established in contemplation of, or as part of, the corporate action that are not more favorable than those existing before the corporate action or, if more favorable, that have been approved on behalf of the corporation in the same manner as is provided in section 873; or
(c) In the case of a director of the corporation who will, in the corporate action, become a director of the acquiring entity in the corporate action or one of its affiliates, rights and benefits as a director that are provided on the same basis as those afforded by the acquiring entity generally to other directors of the entity or the affiliate. See Maine Revised Statutes Title 13-C Sec. 1301Interested transaction: means a corporate action described in section 1302, subsection 1, other than a merger pursuant to section 1105, involving an interested person in which any of the shares or assets of the corporation are being acquired or converted. See Maine Revised Statutes Title 13-C Sec. 1301 Internal waters: means waters under the exclusive jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001 Law enforcement agency: means the State Police, a sheriff's department or a municipal police department. See Maine Revised Statutes Title 5 Sec. 4651 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensing board: means a professional or occupational licensing board that licenses, certifies or registers a person in a profession or occupation which is included in the list of professional and occupational licensing boards in Title 5, section 12004?A. See Maine Revised Statutes Title 22 Sec. 3291 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Motorboat: means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft. See Maine Revised Statutes Title 12 Sec. 13001 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office: means the Office of Child and Family Services with respect to chapters 958?A and 1071. See Maine Revised Statutes Title 22 Sec. 3291 Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001 Owner: means :
A. See Maine Revised Statutes Title 12 Sec. 13001Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Personal property: All property that is not real property. Personal watercraft: includes , but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. See Maine Revised Statutes Title 12 Sec. 13001 Plaintiff: The person who files the complaint in a civil lawsuit. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Preferred shares: means a class or series of shares whose holders have preference over any other class or series of shares with respect to distributions. See Maine Revised Statutes Title 13-C Sec. 1301 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Record shareholder: means a person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with the corporation. See Maine Revised Statutes Title 13-C Sec. 1301 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Senior executive: means a chief executive officer, chief operating officer, chief financial officer and anyone in charge of a principal business unit or function. See Maine Revised Statutes Title 13-C Sec. 1301 Service of process: The service of writs or summonses to the appropriate party. Shareholder: means both a record shareholder and a beneficial shareholder. See Maine Revised Statutes Title 13-C Sec. 1301 Summons: Another word for subpoena used by the criminal justice system. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Watercraft: means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. See Maine Revised Statutes Title 12 Sec. 13001