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Title XXVI TRADE AND COMMERCE

  Chapter 407back to chapter 407

  407.1062.  Structured settlement payment transfers, requirements. — No 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 any transfer of structured settlement payment rights unless the transfer has been approved in advance in an order of a court of competent jurisdiction, based on the court's express findings that:

  (1)  The transfer complies with the requirements of sections 407.1060 to 407.1068 and does not contravene other applicable law;

  (2)  Not less than ten days prior to the date on which the payee entered into the transfer agreement, the transferee has provided to the payee a disclosure statement in bold type, no smaller than fourteen point, setting forth:

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

  (b)  The aggregate amount of the payments;

  (c)  The discounted present value of the payments, together with the discount rate or rates used in determining the discounted present value;

  (d)  The gross amount payable to the payee in exchange for the payments; and

  (e)  An itemized listing of all brokers' commissions, service charges, application or processing fees, closing costs, filing or administrative charges, 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;

  (3)  The transfer is in the best interest of the payee and the payee's dependents;

  (4)  The transferee has given written notice of the transferee's name, address and taxpayer identification number to all interested parties and has filed a copy of the notice with the court;

  (5)  The payee has consented in writing to the transfer;

  (6)  The payee has been represented by disinterested counsel in connection with the transfer or the payee understands the nature of the transaction and the economic consequences of the transaction; and

  (7)  The payment to be made to the payee by the transferee is equal to the fair market value of the structured settlement rights being transferred.

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(L. 1999 S.B. 1, et al. § 4)


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