LD 1693
pg. 4
Page 3 of 5 An Act to Clarify the Regulation of Viatical Settlement Contracts When Sold as ... Page 5 of 5
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LR 1030
Item 1

 
security in reliance on the exemption from registration
provided in this subsection, the issuer shall file with the
administrator a notice on United States Securities and
Exchange Commission Form D, as amended, and the consent to
service of process required by section 10704, and pay a filing
fee of $300 for each security sold in this State.; and

 
Sec. 7. 32 MRSA §10502, sub-§2, ¶S is enacted to read:

 
S.__Any offer or sale of a viatical settlement contract, if:

 
(1)__The underlying viatical settlement transaction
with the viator was not in violation of the Viatical
Settlements Act; and

 
(2)__Such disclosure documents as the administrator, by
rule or order, requires are delivered to each offeree
or purchaser.

 
Sec. 8. 32 MRSA §10502, sub-§7 is enacted to read:

 
7.__Rules.__Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter
II-A.

 
Sec. 9. 32 MRSA §10504, sub-§1, as enacted by PL 1997, c. 168, §28, is
amended to read:

 
1. Filing of sales and advertising literature. The
administrator, by rule or order, may require the filing of any
prospectus, pamphlet, circular, form letter, advertisement or
other sales literature or advertising communication addressed or
intended for distribution to prospective investors, including
clients or prospective clients of an investment adviser, unless
the security is a federal covered security or the security or
transaction qualifies for an exemption under section 10502,
subsection 2, paragraphs A to R for which the filing of a notice
with the administrator is not required or the security is a
federal covered security.

 
Sec. 10. 32 MRSA §10607-A is enacted to read:

 
§10607-A.__Right to rescission applicable to sales of

 
viatical settlement contracts

 
1.__Right to rescind transaction.__In addition to any other
rights provided for under this Act or otherwise, an investor who
purchases a viatical settlement contract may rescind the
investment by giving written notice of rescission to the entity
designated for such notice in the disclosure documents, by
ordinary mail postage prepaid, within 3 business days following
the later of:


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