Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5-1703
Required disclosures to payee
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 17
§ 5-1703. Required disclosures to payee. Not less than ten days prior
to the date on which the payee signs a transfer agreement, the
transferee shall provide to the payee by first class mail and certified
mail, return receipt requested or United States postal service priority
mail, a separate disclosure statement, in bold type no smaller than
fourteen points, setting forth:

(a) the amounts and due dates of the structured settlement payments to
be transferred;

(b) the aggregate amount of such payments;

(c) the discounted present value of the payments to be transferred,
which shall be identified as the "calculation of current value of the
transferred structured settlement payments under federal standards for
valuing annuities", and the amount of the applicable federal rate used
in calculating such discounted present value;

(d) the price quote from the original annuity issuer or, if such price
quote is not readily available from the original annuity issuer, then a
price quote from two other annuity issuers that reflects the current
cost of purchasing a comparable annuity for the aggregate amount of
payments to be transferred;

(e) the gross advance amount and the annual discount rate, compounded
monthly, used to determine such figure;

(f) an itemized listing of all commissions, fees, costs, expenses and
charges payable by the payee or deductible from the gross amount
otherwise payable to the payee and the total amount of such fees;

(g) the net advance amount including the statement: "The net cash
payment you receive in this transaction from the buyer was determined by
applying the specified discount rate to the amount of future payments
received by the buyer, less the total amount of commissions, fees,
costs, expenses and charges payable by you";

(h) the amount of any penalties or liquidated damages payable by the
payee in the event of any breach of the transfer agreement by the payee;
and

(i) a statement that the payee has the right to cancel the transfer
agreement, without penalty or further obligation, not later than the
third business day after the date the agreement is signed by the payee.