LD 1907
pg. 2
Page 1 of 38 An Act To Govern and Regulate Life Settlements Page 3 of 38
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LR 2724
Item 1

 
purchasing,__financing, monitoring, tracking, underwriting,
selling, transferring, assigning, pledging, hypothecating or in any
other manner engaging in the business of settlement contracts.

 
3.__Chronically ill.__"Chronically ill" means:

 
A.__Being unable to perform at least 2 activities of daily
living, including, but not limited to, eating, moving from
one place to another, bathing, dressing, voiding the
bladder, eliminating the bowel or maintaining continence;

 
B.__Requiring substantial supervision to protect the
individual from threats to health and safety due to severe
cognitive impairment; or

 
C.__Having a level of disability similar to that described
in paragraph A, as determined by the United States Secretary
of Health and Human Services.

 
4.__Financing entity.__"Financing entity" means an
underwriter, placement agent, lender, purchaser of securities,
purchaser of a policy or certificate from a settlement provider,
credit enhancer or any entity that has a direct ownership in a
policy or certificate that is the subject of a settlement
contract:

 
A.__Whose principal activity related to the transaction is
providing funds to effect the settlement or purchase of one
or more purchased policies or to provide credit enhancement;
and

 
B.__Who has an agreement in writing with one or more
licensed settlement providers to finance the acquisition of
settlement contracts or to provide stop loss insurance.

 
"Financing entity" does not include a nonaccredited investor.

 
5. Financing transaction.__"Financing transaction" means any
transaction in which a licensed settlement provider obtains
financing for the purchase, acquisition, transfer or other
assignment of one or more settlement contracts or policies
acquired pursuant to a settlement contract or interests therein,
including, without limitation, any secured or unsecured
financing, securitization transaction or securities offering,
either registered or exempt from registration under federal and
state securities law, or otherwise sells, assigns, transfers,
pledges, hypothecates or otherwise disposes of a settlement
contract or policy acquired pursuant to a settlement contract or
interest therein.


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