§ 27-9.3-7. General provisions — Construction.
(a) The provisions of this chapter may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 13, 2001, by a payee who resides
in this state shall provide that disputes under the transfer agreement, including
any claim that the payee has breached the agreement, shall be determined in and under
the laws of this state. No transfer agreement shall authorize the transferee or any
other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlemen
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§ 27-9.3-7. General provisions — Construction.
(a) The provisions of this chapter may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 13, 2001, by a payee who resides
in this state shall provide that disputes under the transfer agreement, including
any claim that the payee has breached the agreement, shall be determined in and under
the laws of this state. No transfer agreement shall authorize the transferee or any
other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that
are life-contingent unless, prior to the date on which the payee signs the transfer
agreement, the transferee has established and has agreed to maintain procedures reasonably
satisfactory to the annuity issuer and the structured settlement obligor for: (1)
Periodically confirming the payee's survival; and (2) Giving the annuity issuer and
the structured settlement obligor prompt written notice in the event of the payee's
death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall
incur any penalty, forfeit any application fee or other payment, or incur any liability
to the proposed transferee or any assignee based on any failure of the transfer to
satisfy the conditions of this chapter.
(e) Nothing contained in this chapter shall be construed to authorize any transfer of
structured settlement payment rights in contravention of any law or to imply that
any transfer under a transfer agreement entered into prior to July 13, 2001, is valid
or invalid.
(f) Compliance with the requirements set forth in § 27-9.3-3 and fulfillment of the conditions set forth in § 27-9.3-4 shall be solely the responsibility of the transferee in any transfer of structured
settlement payment rights, and neither the structured settlement obligor nor the annuity
issuer shall bear any responsibility for, or any liability arising from, noncompliance
with the requirements or failure to fulfill the conditions.