LD 1907
pg. 10
Page 9 of 38 An Act To Govern and Regulate Life Settlements Page 11 of 38
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LR 2724
Item 1

 
F.__Has provided an antifraud plan that meets the requirements
of section 6818.

 
7. Financial responsibility. The following evidence Evidence
of financial responsibility must be provided to the
superintendent before a license may be issued in accordance with
this subsection.

 
A. A viatical settlement provider shall provide evidence of
financial accountability.__Such evidence may include, but is
not limited to, a binding and committed lending facility of
at least $1,000,000 with a term of at least one year or a
net worth in excess of $100,000.

 
8. Nonresidents. The superintendent may not issue a
settlement provider license to a nonresident applicant unless a
written designation of an agent for service of process is filed
and maintained with the superintendent or the applicant has filed
with the superintendent the applicant's written irrevocable
consent that any action against the applicant may be commenced
against the applicant by service of process on the
superintendent.

 
9. List. The superintendent shall maintain a complete list
of all viatical settlement providers licensed or with license
pending in this State. The list must be available upon request
to the general public.

 
Sec. 7. 24-A MRSA §6804, as amended by PL 1997, c. 562, Pt. D, §5,
is further amended to read:

 
§6804. License revocation and administrative assessments

 
1. Superintendent's authority. The superintendent may deny,
suspend, revoke or refuse to renew the license of a viatical
settlement provider if the superintendent finds just cause to do
so, which may include, but is not limited to, a finding that:

 
A. There was any material misrepresentation in the
application for the license or other information submitted
to the superintendent;

 
B. The licensee or any officer, partner or key management
personnel of the licensee has been convicted of fraudulent
or dishonest practices, is subject to a final administrative
action to suspend or revoke a viatical license or is
otherwise shown to be untrustworthy or incompetent to act as
a viatical settlement provider or viatical settlement
broker;


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