Current through the 2023 Regular Session
Section 50-4-707 - Application process - content(1) A person that seeks to engage in a conversion transaction for a nonprofit health entity and the nonprofit health entity shall submit an application to the commissioner and a copy of the application to the attorney general.(2) The application submitted under subsection (1) is in addition to any other filing required by law.(3) An application must include: (a) the name of the proposed transferor;(b) the name of the proposed transferee;(c) the names of any other parties to the conversion transaction agreement;(d) the terms of the proposed conversion transaction, including but not limited to a description and valuation of all consideration exchanges as a part of or as a result of the conversion and the extent to which the assets proposed to be converted are public assets;(e) a copy of the conversion transaction agreement;(f) a financial and community impact analysis report from an independent expert or consultant that addresses the criteria in 50-4-715 through 50-4-717;(g) an independent valuation of the fair market value of the nonprofit health entity for a valuation date within 1 year prior to receipt by the nonprofit health entity or publication of a bona fide bid, offer, or letter of intent to acquire the nonprofit health entity; and(h) an antitrust analysis prepared by an appropriate expert.En. Sec. 5, Ch. 214, L. 2005.