| | | 1. License required. Licenses are required in accordance | | with this subsection. |
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| | A. A person may not act as a viatical settlement provider | | without a license from the superintendent issued pursuant to | | this section and subject to the provisions of this chapter. |
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| | | B. A person may not perform the functions of, or otherwise | act as, a viatical settlement producer without a license | from the superintendent as a life and health insurance | | producer. |
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| | C. A person may not act as an independent viatical producer | without a license from the superintendent as a life and | health insurance producer with independent authority. |
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| | | C-1.__If there is more than one viator on a single policy | | and the viators are residents of different states, the | | settlement contract is governed by the law of the state in | | which the viator having the largest percentage ownership | | resides or, if the viators hold equal ownership, the state | | of residence of one viator agreed upon in writing by all | | viators. |
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| | D. A viatical settlement provider license issued to a person | authorizes all partners, officers and key management | personnel of that person to act on that person's behalf as | if these individuals are also licensed, unless such activity | requires a license under another provision of this Title. | These persons must be named in the application and any | supplements to the application and the authorization | terminates upon the expiration, suspension or revocation of | the license. |
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| | E. Notwithstanding the provisions of this section, if a | person acts as a viatical settlement provider, a viatical | producer or an independent viatical producer without being | licensed, the person is subject to all other provisions of | this chapter as if this person were licensed as a viatical | settlement provider or viatical settlement independent | producer. |
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| | | 2. Application; fee. Application for a viatical settlement | | provider license must be made to the superintendent by the | | applicant on a form prescribed by the superintendent. The | application must be accompanied by a fee of not to exceed $400 in | | accordance with section 601. |
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| | | 3. Renewal. A license for a viatical settlement provider is | continuous so as long as the licensee remains qualified. The |
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