LD 1907
pg. 32
Page 31 of 38 An Act To Govern and Regulate Life Settlements Page 33 of 38
Download Bill Text
LR 2724
Item 1

 
Sec. 14. 24-A MRSA §6813, as enacted by PL 1997, c. 430, §1 and
affected by §2, is repealed.

 
Sec. 15. 24-A MRSA §6815, as enacted by PL 1997, c. 430, §1 and
affected by §2, is amended to read:

 
§6815. Assignment or resale of policies

 
1. Prohibited transfers. A viatical settlement provider may
not sell, assign, transfer or pledge a viaticated policy acquired
pursuant to a settlement contract except to a licensed viatical
settlement provider or a person exempt from licensing under
section 6803 or 6813.

 
2. Securities registration. Any sale by a viatical
settlement provider of viatical settlement contracts, viaticated
policies acquired pursuant to settlement contracts or interests
in a viatical settlement contract or viaticated policy therein
that constitute a "security" within the meaning of the United
States Securities Act of 1933, as amended, or the Revised Maine
Securities Act, as amended, must be registered under those
statutes unless there is an available exemption from registration
under those statutes.

 
Sec. 16. 24-A MRSA §6816, as enacted by PL 1997, c. 430, §1 and
affected by §2, is repealed.

 
Sec. 17. 24-A MRSA §§6817 to 6819 are enacted to read:

 
§6817.__Advertising of settlements

 
1.__Advertising for settlements. Every settlement provider
licensee shall establish and at all times maintain a system of
control over the content, form and method of dissemination of all
advertisements of its contracts, products and services. All
advertisements, regardless of by whom written, created, designed
or presented, are the responsibility of the settlement provider
licensee, as well as the individual who created or presented the
advertisement.__A system of control must include providing
regular routine notification, at least once a year, to agents and
others authorized by the settlement licensee to disseminate
advertisements; the notification must include the requirements
and procedures for approval of any advertisements not furnished
by the settlement provider licensee prior to the advertisements'
use.

 
2.__Form and content. Advertisements must be truthful and not
misleading in fact or by implication. The form and content of an
advertisement of a settlement contract must be sufficiently
complete and clear so as to avoid deception. It may not have the


Page 31 of 38 Top of Page Page 33 of 38