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

 
A.__The day on which the investor received the final
disclosure document pertaining to the transaction as required
under this Act and the rules of orders under this Act; or

 
B.__The day on which the investor paid the required
consideration for the purchase of the viatical settlement
contract.

 
2.__Form of notice.__The notice is sufficient if addressed to
the entity designated for such notice, at the address given in
the disclosure statement pertaining to the transaction.__Notice
of rescission is effective upon deposit in the United States
mail.__The notice of rescission need not take a particular form
and is sufficient if it expresses the intention of the purchaser
to rescind the transaction.

 
SUMMARY

 
This bill clarifies the regulation of viatical settlement
contracts when they are sold as investments. First, the
legislation makes clear that fractional or pooled interests in
viatical settlement contracts sold as investments are securities
subject to the Revised Maine Securities Act and they are
currently covered in the statutory definition as investment
contracts, but are not named specifically. Second, this bill
adds "viatical settlement contract" to the definition of
security. Since viatical settlement contracts are a new
investment product, the undivided viatical settlement contracts
are not specifically covered in the bill's definition. This bill
adds "viatical settlement contract" to the definition to provide
consumers who purchase undivided viatical settlement contracts
with the same consumer protections provided to the purchasers of
other investments in Maine.

 
The bill provides for an exemption from registration if the
seller provides the consumer with a disclosure statement.


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