Chapter Recap
In this chapter you learned about life settlements. Let’s recap the key terms and definitions, as well as producer licensing and conduct regulations:
| GENERAL CONCEPTS |
| Life Settlement |
- Owner of a life insurance contract sells a policy that is no longer needed to a third party
- Separate contract required
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| Parties to a Life Settlement |
- Owner - seeks to enter into a life settlement contract
- Life Settlement Broker - solicits or negotiates life settlement contracts for compensation; must be properly licensed
- Life Settlement Provider - enters into a life settlement contract with the owner; must be properly licensed
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| LICENSING REQUIREMENTS |
| Life Settlement Broker |
- Must be at least 18 years old, be trustworthy and competent, submit application, complete prelicensing education, pass licensing exam, pay required fees, and submit fingerprints
- Receive approval
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| Fingerprinting |
- Required for life settlement brokers and providers
- Submitted to the Division of Criminal Justice and to the FBI for national background check
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| PROHIBITED PRACTICES |
| Stranger-Originated Life Insurance (STOLI) |
- A person with no insurable interest originates a life insurance contract on another person;
- STOLIs are prohibited because they violate the concept of insurable interest;
- Life settlement contracts are not STOLIs
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| Prohibited Practices |
- Intentional deception or fraud;
- Avoiding disclosure of material information;
- Receiving consideration other than normal commissions or fees;
- Acting as a life settlement broker or intermediary while having an interest that policy (conflict of interest);
- Transacting life settlements without a proper license;
- Not remitting proceeds required by contract to the owner;
- Paying finder's fees or any other compensation to any owner's physician, attorney, accountant, insurance producer or consultant, or other person acting in these capacities;
- Paying life settlement broker's fees before they have been fully disclosed; and
- Paying life settlement payments in installments.
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