LD 1907
pg. 32
Page 31 of 38 PUBLIC Law Chapter 636 Page 33 of 38
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LR 2724
Item 1

 
policy is deemed timely if it meets relevant standards for
timeliness under chapter 23. This subsection may not be
construed to create any new conversion rights not already granted
by the policy or certificate being viaticated acquired pursuant
to a settlement contract.

 
3. Right to assign rights or benefits. Subsection 1 or 2
does not prohibit a viator under a group life insurance policy
from assigning rights or benefits under the policy to a licensed
viatical settlement provider or converting the coverage to an
individual life insurance policy.

 
4. Assignment restrictions prohibited. A policy of group
life insurance issued or in existence in this State that permits
any assignment of a viator's rights may not restrict the viator
from making assignments other than by gift.

 
5. Purchase of securities. This chapter does not require
notice to the superintendent of, or restrict an insurance company
from investing in, or participating in, or purchasing any
securities issued in any transaction including without limitation
any financing, securitization transaction or securities offering
in which the licensed viatical settlement provider sells,
assigns, transfers, pledges, hypothecates or otherwise disposes
of viatical settlement contracts, viaticated policies acquired
pursuant to settlement contracts or any interest therein.

 
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affected by §2, is repealed.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.


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