Section 5-1703. Required disclosures to payee  


Latest version.
  • 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.