The Amendments to the Viatical Settlement Model Act are very comprehensive, and will ultimately impact ALL aspects of the viatical settlement business, not just investor-initiated transactions (STOLI)
The broad changes include
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Enhanced compensation disclosure transparency rules**
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new bonding requirements
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prohibitions on what can and cannot be said in viatical settlement marketing materials
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beefed-up rescission rights for policy owners.
Now why can't state regulators get it together on structured settlement factoring transactions…particularly #1 and #3?
**This author believes that ALL compensation derived from a structured settlement factoring transaction should be part of a complete pre-factoring mandated disclosure, given the financial incentives that factoring companies are using to induce broker and attorney referrals. Is the broker who set up the structure taking a % of the deal to undo it? It's time that the brokers and attorneys in question stepped out of the shadows.
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