| | 17.__Terms of structured settlement.__"Terms of a structured | settlement" means the terms of a structured settlement agreement, | an annuity contract, any qualified assignment agreement and any | order or approval of any court or responsible administrative | authority or other government authority authorizing or approving | the structured settlement. |
|
| | 18.__Transfer.__"Transfer" means any sale, assignment, pledge, | hypothecation or other form of alienation or encumbrance made by | a payee for consideration. |
|
| | 19.__Transfer agreement.__"Transfer agreement" means the | agreement providing for transfer of structured settlement payment | rights from a payee to a transferee. |
|
| §2242.__Transfer of structured settlement payment rights |
|
| | 1.__Application.__This section applies to any transfer of | structured settlement payment rights under a transfer agreement | entered into on or after the effective date of this section.__ | This section may not be construed to imply that any transfer | under a transfer agreement reached prior to the effective date of | this section is effective. |
|
| | 2.__Requirements for transfer.__A direct or indirect transfer | of structured settlement payment rights is not effective and a | structured settlement obligor or annuity issuer is not required | to make any payment directly or indirectly to any transferee of | structured settlement payment rights unless the transfer has been | authorized in advance in a final order of a court of competent | jurisdiction or a responsible administrative authority, based on | express findings by that court or responsible administrative | authority that: |
|
| A.__The transfer complies with the requirements of this | chapter and does not contravene other applicable law; |
|
| B.__Not less than 10 days prior to the date on which the | payee first incurred any obligation with respect to the | transfer, the transferee provided to the payee a disclosure | statement in bold type, no smaller than 14 points, setting | forth: |
|
| (1)__The amounts and due dates of the structured | settlement payments to be transferred; |
|
| (2)__The aggregate amount of those payments; |
|
|