LD 1907
pg. 3
Page 2 of 38 PUBLIC Law Chapter 636 Page 4 of 38
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LR 2724
Item 1

 
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.

 
6.__Fraudulent viatical or life settlement act.__"Fraudulent
viatical or life settlement act" includes:

 
A.__Acts or omissions committed by any person who, knowingly
or with intent to defraud, for the purpose of depriving
another of property or for pecuniary gain, commits, or
permits its employees or its agents to engage in, acts
including:

 
(1)__Presenting, causing to be presented or preparing
with knowledge or belief that it will be presented to
or by a settlement provider, settlement producer,
financing entity, insurer, insurance producer or any
other person false material information, or concealing
material information, as part of, in support of or
concerning a fact material to one or more of the
following:

 
(a)__An application for the issuance of a
settlement contract or insurance policy;

 
(b)__The underwriting of a settlement contract or
insurance policy;

 
(c)__A claim for payment or benefit pursuant to a
settlement contract or insurance policy;


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