| | | Sec. 14. 24-A MRSA §6813, as enacted by PL 1997, c. 430, §1 and | | affected by §2, is repealed. |
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| | | Sec. 15. 24-A MRSA §6815, as enacted by PL 1997, c. 430, §1 and | | affected by §2, is amended to read: |
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| | | §6815. Assignment or resale of policies |
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| | | 1. Prohibited transfers. A viatical settlement provider may | not sell, assign, transfer or pledge a viaticated policy acquired | pursuant to a settlement contract except to a licensed viatical | | settlement provider or a person exempt from licensing under | section 6803 or 6813. |
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| | | 2. Securities registration. Any sale by a viatical | settlement provider of viatical settlement contracts, viaticated | | policies acquired pursuant to settlement contracts or interests | in a viatical settlement contract or viaticated policy therein | | that constitute a "security" within the meaning of the United | | States Securities Act of 1933, as amended, or the Revised Maine | | Securities Act, as amended, must be registered under those | | statutes unless there is an available exemption from registration | | under those statutes. |
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| | | Sec. 16. 24-A MRSA §6816, as enacted by PL 1997, c. 430, §1 and | | affected by §2, is repealed. |
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| | | Sec. 17. 24-A MRSA §§6817 to 6819 are enacted to read: |
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| | | §6817.__Advertising of settlements |
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| | | 1.__Advertising for settlements. Every settlement provider | | licensee shall establish and at all times maintain a system of | | control over the content, form and method of dissemination of all | | advertisements of its contracts, products and services. All | | advertisements, regardless of by whom written, created, designed | | or presented, are the responsibility of the settlement provider | | licensee, as well as the individual who created or presented the | | advertisement.__A system of control must include providing | | regular routine notification, at least once a year, to agents and | | others authorized by the settlement licensee to disseminate | | advertisements; the notification must include the requirements | | and procedures for approval of any advertisements not furnished | | by the settlement provider licensee prior to the advertisements' | | use. |
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| | | 2.__Form and content. Advertisements must be truthful and not | | misleading in fact or by implication. The form and content of an | | advertisement of a settlement contract must be sufficiently | | complete and clear so as to avoid deception. It may not have the |
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