Title 51, Chapter 12, Section 71
( 51-12-71)
No direct or indirect transfer of structured settlement payment
rights shall be effective and no structured settlement obligor or
annuity issuer shall be required to make any payment directly or
indirectly to any transferee of structured settlement payment rights
unless: (1) The transfer complies with the requirements of this article
and will not contravene other applicable law; (2) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 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 such payments, together with
the discount rate used in determining such discounted present
value; (D) The gross amount payable to the payee in exchange for such
payments; (E) An itemized listing of all brokers' commissions, service
charges, application fees, processing fees, closing costs,
filing fees, administrative fees, legal fees, notary fees and
other commissions, fees, costs, expenses, and charges payable by
the payee or deductible from the gross amount otherwise payable
to the payee; (F) The net amount payable to the payee after deduction of all
commissions, fees, costs, expenses, and charges described in
subparagraph (E) of this paragraph; (G) The quotient (expressed as a percentage) obtained by
dividing the net payment amount by the discounted present value
of the payments; and (H) The amount of any penalty and the aggregate amount of any
liquidated damages (inclusive of penalties) payable by the payee
in the event of any breach of the transfer agreement by the
payee; (3) Written notice at least two business days prior to the
effective execution of the transfer agreement has been provided by
the transferee to the annuity issuer and the structured settlement
obligor by certified mail or statutory overnight delivery, postage
prepaid; and (4) The transferee has given written notice of the transferee's
name, address, and taxpayer identification number to the annuity
issuer and the structured settlement obligor. |