Financial professionals recognize that
life settlement regulation varies by state.
Therefore, understanding the definition of a life settlement contract is critical to understanding when
the life settlement regulations apply.
Not exact matches
The proposed
regulations, put out for public comment Jan. 4, would ban high upfront fees and restrict the kinds of contracts debt
settlement companies can offer, effectively outlawing the business model most popular with, among others, Cambridge
Life Solutions, a company Matt McClearn and I wrote about in this magazine last fall.
Magna
Life Settlements, Inc. is a leading life settlement provider licensed wherever state insurance regulations require, and able to do business in every st
Life Settlements, Inc. is a leading
life settlement provider licensed wherever state insurance regulations require, and able to do business in every st
life settlement provider licensed wherever state insurance
regulations require, and able to do business in every state.
Commissions — depending on your state
regulations and business agreements you may be entitled to certain referral fees or commissions for completed
life settlement transactions;
Existing laws and
regulations that address
life settlements include many requirements, including informational disclosures that owners and insureds must receive before a
life settlement can be completed as well as licensing of
life settlement brokers and
life settlement providers (the policy buyers).
In the last few years, many states have implemented various licensing requirements for advisors, agents, brokers and providers who work with
life settlements, while others have little or no licensing
regulation.
It is always best to speak with a member of the
Life Insurance
Settlement Association to understand how
regulation, tax laws and how the transaction requirements differ from state to state.
The following are not considered a
settlement under state insurance
regulations: • A loan from an insurer under the terms of the
life insurance policy (e.g., a policy loan) • A loan from a third party where the policy's cash value is used as collateral (collateral assignment) • A beneficiary designation without a transfer of value • A beneficiary designation of someone with an insurable interest in the insured
It is important to always seek professional advice or consult with a member of LISA to understand how state
regulations define a viatical or
life settlement contract.
LISA was established in 1994 and has played a key role in developing legislation and
regulations as the foundation for an open, transparent and competitive market for the transaction of
life settlements.
Anyone selling a policy should seek a tax and legal opinion about the IRS
Regulations in order to assess whether this is a consideration that would impact the financial benefit of a
life settlement.
State
regulations require that all policies are sold through a licensed
life settlement provider.
[3] Today, many states regulate viatical and
life settlements and many more are developing legislation and
regulations.
Since then, lawmakers have passed more
regulation to protect consumers from such acts — including placing a cap on the commission rate at 30 % of the
life settlement value (though some brokers already accept commissions as low as 15 %) and requiring upfront disclosure.
Most states have some form of
regulation for the viatical industry, but few have any
regulation for the
life insurance
settlement business.