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institutional buyer as defined respectively in Regulation D, | Rule 501 and Rule 144A of the Federal Securities Act of 1933, | as amended, a financing entity, a special purpose entity or a | related provider trust; or |
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| I.__The licensee has violated any of the provisions of this | chapter or any rules adopted pursuant to this chapter. |
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| | 2. Hearing. Before the superintendent may deny a license | application or suspend, revoke or refuse to renew the license of | a viatical settlement provider, the licensee or applicant has an | opportunity for a hearing in accordance with Title 5, chapter | 375, subchapter IV 4. |
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| | 3. Administrative penalty. The superintendent may, in | addition to denying a license application or suspending or | revoking a license, assess an administrative civil forfeiture of | $500 for each willful violation of this chapter. This section | may not be construed to diminish the penalties available for any | violation of chapter 23, in addition to any penalties authorized | under section 12-A. |
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| | Sec. 8. 24-A MRSA §6805, as enacted by PL 1997, c. 430, §1 and | affected by §2, is amended to read: |
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| §6805. Approval of settlements contracts; disclosure statements |
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| | A viatical settlement provider or independent viatical | producer person may not use any contract, disclosure statement or | application form in with a viator who is a resident of this State | when dealing with a viator unless it has been filed with and | approved by the superintendent, pursuant to sections 2412 and | 2413. The superintendent shall disapprove a settlement contract | form or disclosure statement form if, in the superintendent's | opinion, the contract or provisions contained therein are | unreasonable, contrary to the interests of the public or | otherwise misleading or unfair to the viator.__All such forms | must be approved or denied by the superintendent within 60 | calendar days following receipt of submission by the | superintendent. |
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| | Sec. 9. 24-A MRSA §6806, as amended by PL 1997, c. 592, §81, is | further amended to read: |
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| §6806. Reporting requirements; confidentiality of information |
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| | 1. Annual report. A settlement provider licensee shall file | with the superintendent by March 1st of each year an annual | statement containing such information as the superintendent |
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