LD 1693
pg. 2
Page 1 of 5 An Act to Clarify the Regulation of Viatical Settlement Contracts When Sold as ... Page 3 of 5
Download Bill Text
LR 1030
Item 1

 
21.__Viatical settlement contract.__"Viatical settlement
contract" means an agreement for the purchase, sale, assignment,
transfer, devise or bequest of any portion of the death benefit
or ownership of a life insurance policy or certificate for
consideration that is less than the expected death benefit of the
life insurance policy or certificate.__"Viatical settlement
contract" does not include:

 
A.__The assignment, transfer, sale, devise or bequest of a
death benefit, life insurance policy or certificate of
insurance by the viator to the viatical settlement provider
pursuant to the Viatical Settlements Act;

 
B.__The assignment, transfer, sale, devise or bequest of a
life insurance policy, for any value less than the expected
death benefit, by the viator to a friend or family member
who enters into no more than one such agreement in a
calendar year;

 
C.__An assignment of a life insurance policy to a bank,
savings bank, savings and loan association, credit union or
other licensed lending institution as collateral for a loan;
or

 
D.__The exercise of accelerated benefits pursuant to the
terms of the Maine Insurance Code and of the life insurance
policy.

 
Sec. 5. 32 MRSA §10502, sub-§2, ¶Q, as amended by PL 1989, c. 542, §42,
is further amended to read:

 
Q. Any offer or sale of securities of a corporation organized
under the laws of this State, if the number of holders of
securities of the entity, exclusive of persons specified in
section 10501, subsection 4, will in consequence of the sale
exceed 10, but will not in consequence of the sale exceed 25 in
number and if the securities sold in reliance on this subsection
have not been offered to the public by general advertisement or
general solicitation. Any person who relies on this exemption
shall file with the administrator a notification for exemption
which shall that must be in such form as may be prescribed by the
administrator and which shall require requires only the following
information: The name, address and telephone number of the
issuer; the state and date of incorporation of the issuer; the
name, address and telephone number of persons who may respond to
inquiries about the issuer; the location at which the books and
records of the issuer shall be are kept and whether they will be
are available for inspection by shareholders; a description of
all classes of securities of the issuer, including newly
authorized classes of securities, providing the number of
authorized units of


Page 1 of 5 Top of Page Page 3 of 5