§2713.5. Required disclosures to payee
A. Not less than three days prior to the date on which a payee signs a transfer
agreement, the transferee shall provide to the payee a separate disclosure statement, in bold
type no smaller than fourteen point font, setting forth the following:
(1) The amounts and due dates of the structured settlement payments to be
transferred.
(2) The aggregate amount of such payments.
(3) 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.
(4) The gross advance amount.
(5) An itemized listing of all applicable transfer expenses, other than attorney fees
and related disbursements, payable in connection with the transferee's application for
approval of the transfer, and the transferee's best estimate of the amount of any such fees and
disbursements.
(6) The effective annual interest rate, which must be disclosed in a statement in the
following form: "On the basis of the net amount that you will receive from us and the
amounts and timing of the structured settlement payments that you are transferring to us, you
will, in effect be paying interest to us at a rate of ____ percent per year".
(7) The net advance amount.
(8) 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.
B. Not less than three days prior to the date on which a payee signs a transfer
agreement, the transferee shall provide to the payee a separate note of payee's rights, in bold
type, no smaller than fourteen point font, setting forth the following:
(1) The payee has the right to cancel the transfer agreement, without penalty or
further obligation, until the transfer is approved by the court.
(2) The payee is required to seek and receive independent professional advice
regarding a transfer of structured settlement payment rights.
(3) The payee has the right to seek out and consider additional offers for transferring
the structured settlement payments and should do so.
Acts 2019, No. 260, §1, eff. July 1, 2020.