632.69(8)(a)1.c.c. That some or all of the proceeds of the life settlement may be taxable under federal income tax and state franchise and income tax laws, and the owner should seek assistance from a professional tax advisor.
632.69(8)(a)1.d.d. That proceeds from a life settlement may be subject to the claims of creditors.
632.69(8)(a)1.e.e. That receipt of proceeds from a life settlement may adversely affect the owner’s eligibility for Medical Assistance or other government benefits or entitlements, and the owner should seek advice from the appropriate government agencies.
632.69(8)(a)1.f.f. That the owner has a right to rescind a life settlement contract before the earlier of 30 calendar days after the date upon which the life settlement contract is executed by all parties or 15 calendar days after the life settlement proceeds have been paid to the owner, as provided in sub. (11) (d). Rescission, if exercised by the owner, is effective only if both notice of the rescission is given and the owner repays all proceeds and any premiums, loans, and loan interest paid on account of the life settlement within the rescission period. If the insured dies during the rescission period, the life settlement contract is rescinded, subject to repayment by the owner or the owner’s estate to the provider or purchaser of all life settlement proceeds, and any premiums, loans, and loan interest that have been paid by the provider or purchaser, which shall be repaid within 60 calendar days of the death of the insured.
632.69(8)(a)1.g.g. That funds will be sent to the owner within 3 business days after the provider has received the insurer’s or group administrator’s written acknowledgement that ownership of the policy or interest in the certificate has been transferred and the beneficiary has been designated.
632.69(8)(a)1.h.h. That entering into a life settlement contract may cause other rights or benefits, including conversion rights and waiver of premium benefits that may exist under the policy, to be forfeited by the owner, and the owner should seek assistance from a professional financial advisor.
632.69(8)(a)1.i.i. The language: “All medical, financial, or personal information solicited or obtained by a provider or broker about an insured, including the insured’s identity or the identity of family members, a spouse, or a significant other, may be disclosed as necessary to effect the life settlement between the owner and provider. If you are asked to provide this information, you will be asked to consent to the disclosure. The information may be provided to someone who buys the policy or provides funds for the purchase. You may be asked to renew your permission to share information every 2 years.”
632.69(8)(a)1.j.j. That, following execution of a life settlement contract, the insured may be contacted for the purpose of determining the insured’s health status and to confirm the insured’s residential or business street address and telephone number, or as otherwise allowed in this section. This contact shall be limited to once every 3 months if the insured has a life expectancy of more than one year and no more than once per month if the insured has a life expectancy of one year or less. All such contacts with the insured shall be made only by a provider licensed in the state in which the owner resided at the time of the life settlement, or by an authorized representative of the provider.
632.69(8)(a)2.2. At the time the disclosures in subd. 1. are provided, the broker or provider shall provide to the owner a brochure describing the process of life settlements that is approved by the commissioner.
632.69(8)(b)(b) A provider shall disclose to the owner, either conspicuously displayed in the life settlement contract or in a separate document signed by the owner, at least all of the following information no later than the date the life settlement contract is signed by all parties:
632.69(8)(b)1.1. The affiliation, if any, between the provider and the issuer of the policy to be settled.
632.69(8)(b)2.2. The name, business address, and telephone number of the provider.
632.69(8)(b)3.3. Any affiliation or contractual arrangements between the provider and the purchaser.
632.69(8)(b)4.4. If a policy to be settled has been issued as a joint policy or involves family riders or any coverage of a life other than that of the insured under the policy to be settled, the possible loss of coverage on the other lives under the policy, together with a statement advising the owner to consult with the insurer issuing the policy for advice concerning the proposed life settlement.
632.69(8)(b)5.5. The dollar amount of the current death benefit that will be payable to the provider under the policy. If known, the provider shall also disclose the availability of any additional guaranteed insurance benefits, the dollar amount of any accidental death and dismemberment benefits under the policy, and the extent to which the owner’s interest in those benefits will be transferred as a result of the life settlement contract.
632.69(8)(b)6.6. That the funds will be escrowed with an independent 3rd party during the transfer process; the name, business address, and telephone number of the independent 3rd party escrow agent; and that the owner may inspect or receive copies of the relevant escrow or trust agreements or documents.
632.69(8)(c)(c) A broker shall disclose to the owner, either conspicuously displayed in the life settlement contract or in a separate document signed by the owner, at least all of the following information no later than the date the life settlement contract is signed by all parties:
632.69(8)(c)1.1. The name, business address, and telephone number of the broker.
632.69(8)(c)2.2. A full, complete, and accurate description of all offers, counteroffers, acceptances, and rejections related to the proposed life settlement contract.
632.69(8)(c)3.3. A written statement of any affiliation or contractual arrangement between the broker and any person making an offer in connection with the proposed life settlement contract.
632.69(8)(c)4.4. The amount of the broker’s compensation, including anything of value paid or given to the broker for the placement of the policy.
632.69(8)(c)5.5. If any portion of the broker’s compensation is taken from a proposed life settlement, the total amount of the life settlement offer and the percentage of the life settlement comprised by the broker’s compensation.
632.69(8)(d)(d) If the provider transfers ownership or changes the beneficiary of the policy, the provider shall communicate in writing the change in ownership or beneficiary to the insured within 20 days after the change.
632.69(9)(9)Disclosures to purchaser.
632.69(9)(a)(a)
632.69(9)(a)1.1. A provider shall disclose to a purchaser, conspicuously displayed in the purchase agreement or in a separate document signed by the purchaser and provider, at least all of the following information prior to the date the purchase agreement is signed by all parties:
632.69(9)(a)1.a.a. That the purchaser will receive no returns, including dividends and interest, until the insured dies and a death claim payment is made.
632.69(9)(a)1.b.b. That the actual rate of return on a life settlement contract is dependent upon an accurate projection of the insured’s life expectancy and the actual date of the insured’s death and that an annual guaranteed rate of return is not determinable.
632.69(9)(a)1.c.c. That the settled policy should not be considered a liquid purchase since it is impossible to predict the exact timing of its maturity and the funds are not available until the death of the insured and that there is no established secondary market for resale of a settled policy by the purchaser.