Viatical Settlement Broker Application Instructions

Transcription

Troy DowningCommissioner of Securities & InsuranceMontana State Auditor840 Helena Ave. · Helena, MT 59601Phone: 406.444.2040 or 800.332.6148Fax: 406.444.5558 · Web:www.csimt.govViatical Settlement BrokerApplication InstructionsLicensed life insurance producers:Life insurance producers who are licensed in Montana and have been licensed as an insuranceproducer with life authority in Montana, or another state, for at least one year are permitted tooperate as a Viatical Settlement Broker. The Commissioner of Insurance must be notified by thelife insurance producer within 30 days from the first day of operating as a Viatical SettlementBroker on the attached Notification Form.Non-licensed life insurance producers:All non-licensed life insurance producers are required to complete the following items for aViatical Settlement Broker’s License. Viatical Settlement Broker Application Form Viatical Settlement Broker Attestation Regarding a Licensed Viatical SettlementProvider Biographical Affidavit Appointment of Attorney to Accept Service of Process Annual Reporting FormsComplete the above forms and submit along with the 50.00 license fee.Please note: A viatical settlement broker shall file with the Office of the Commissioner ofSecurities and Insurance, Montana State Auditor (CSI) information brochures, advertising,and other solicitation materials that will be used to market viatical settlements to viators orprospective viators in this state before using such materials. These materials are to befiled with the Forms Bureau of the CSI. Please contact the Forms Bureau for furtherinformation with regards to these required filings.

Troy DowningPhone: 406.444.2040800.332.6148Fax: 406.444.3497www.csimt.govCommissioner of Securities & InsuranceMontana State Auditor840 Helena AveHelena, MT 59601Notification of Licensed Life Insurance Producer to Actas Viatical Settlement BrokerI, ,(Name of Montana Licensed Insurance Producer)have been a licensed life insurance producer since and my(Date the producer was licensed)Montana producer license number is .(Montana producer license number)I have been licensed as a life producer in ,(Home State of Agent)since .(Date life producer was licensed in home state)(Home state producer license number)I wish to inform the Commissioner of Securities and Insurance, Montana State Auditor, of myintention to act as a Viatical Settlement Broker. I began acting as a Viatical Settlement Brokeron .(Date)I further state that I will conduct myself as a Viatical Settlement Broker in accordance withSection 33, Chapter 20, Part 13, MCA. I have also enclosed my one-time application fee of 50.00 with this Notification. I have enclosed a copy of the disclosure form that I have preparedwhich states to the viator that I represent the viator and owe the viator a fiduciary duty and toact according to the viator's instructions and in the best interest of the viator.(Signature of Insurance Producer)(Date Notification was signed)(Please note: All Viatical Settlement Brokers are required to provide to the Office of the Commissioner ofSecurities and Insurance, Montana State Auditor, by March 1 forms VSB 001, VSB 002 and VSPB 001,which are located at www.csi.mt.gov.)

Troy DowningPhone: 406.444.2040800.332.6148Fax: 406.444.3497www.csimt.govCommissioner of Securities & InsuranceMontana State Auditor840 Helena AveHelena, MT 59601Viatical Settlement Broker ApplicationName of ApplicantDBA (if applicable)Home/Office Address(Street or P.O. Box)(City)(State)(Zip)(State)(Zip)Mailing Address(Street or P.O. Box)(City)Contact PersonPhone Number()TYPE OF BUSINESS ORGANIZATION (check one)IndividualPartnership AssociationDate IncorporatedState of DomicileCorporationFEIN NumberList names and addresses of all members, officers, or owners of the applicant.Full NameTitleAddress%OwnershipHave you or any business in which you are or were an owner, partner, officer or director everbeen involved in an administrative proceeding regarding any professional or occupationallicense?YESNOIf yes, please explain with a written statement and copies of official documents.Have you ever been convicted of, or are you currently charged with, committing a crime,whether or not adjudication was withheld?YESNO(“Crime” includes a misdemeanor, felony, or military offense. You may exclude misdemeanortraffic citations and juvenile offenses. “Convicted” includes, but is not limited to, having beenfound guilty by verdict or a judge or jury, having entered a plea of guilty or nolo contende, orhaving been given probation, a suspended sentence or a fine.)

If yes, please explain with a written statement and copies of official documents.Are you currently a party to, or have you ever been found liable in, any lawsuit or arbitrationproceeding involving allegations of fraud, misappropriation or conversion of funds,NOmisrepresentation or breach of fiduciary duty?YESHerewith submitted are the following documents:( )A biographical affidavit for each individual, member, officer or owner of applicant and each personto be authorized to act under the license. (One copy enclosed. Please make additional copies ifneeded.)( )A copy of the partnership agreement, or articles of incorporation, or articles of associationdepending on your type of business organization.( )A Certificate of Authority from your domiciliary state, if available.( )If applicable, authority from the appropriate regulatory official from your state of domicile to use aDBA.( )Financial statements including a balance sheet and income statement for the most recentcompleted calendar or fiscal year. Audited financial statements are desired if available.( )A detailed explanation of your business plans for Montana including the marketing of your services.( )A copy of an executed indemnity bond in the amount of 50,000 payable to the State of Montanaor a copy of an errors and omissions policy in an amount commensurate with the broker’sexposure.( )A completed Service of Process form (VIATICALBROKER.SP). See enclosure.( )Registration fee of 50.00. Checks may be made payable to “Montana State Auditor.”Dated(Name & Title of Officer)State ofCounty of(name) being duly sworn, deposes that he/she is the(title of official capacity) of the above-namedapplicant and that the foregoing is a full, true, and correct statement of all the facts concerningthis application. I understand that pursuant to Section 33-17-1001, MCA, any false statementcontained in any document concerning this application may subject all licenses issued to me andthis organization to suspension, or revocation, or other administrative action.SignatureSubscribed and sworn to before me thisday ofNOTARY PUBLIC for the state of(SEAL)Residing atMy commission expires, 20.

Troy DowningCommissioner of Securities & InsuranceMontana State Auditor840 Helena Ave. · Helena, MT 59601Phone: 406.444.2040 or 800.332.6148Fax: 406.444.5558 · Web:www.csimt.govAttestation InstructionsAttestations submitted must be originals. Copies are not acceptable.This report must be attested to by the following, based upon organizationalstructure of the viatical settlement broker:1. If the viatical settlement broker is a corporation, the report must be attested byat least two principal officers of the viatical settlement broker;2. If the viatical settlement broker is a partnership, the report must be attested bytwo partners; or3. If the viatical settlement broker is not a corporation or a partnership, by thebroker’s owner and manager.4. A new Attestation form must be provided for any change in ownership, basedupon the organizational structure of the viatical settlement broker.

Troy DowningPhone: 406.444.2040800.332.6148Fax: 406.444.3497www.csimt.govCommissioner of Securities & InsuranceMontana State Auditor840 Helena AveHelena, MT 59601Viatical Settlement Broker AttestationName of Viatical Settlement Broker:Type of Business Organization:Mailing AddressStreet or PO BoxCityStateZipPhone Fax Web SiteAs an individual responsible for conducting the affairs of the above named Viatical settlementbroker applying to transact business in the State of Montana, I am familiar with the laws ofMontana relating to Viatical settlement brokers and do hereby state that pursuant to Section 3320-1303, MCA, that the Viatical settlement broker will only utilize the services of a licensedMontana Viatical settlement provider.(Typed Name)(Signature)(Date)(Title)Sworn to and subscribed before me this day of , 20 .NOTARY PUBLIC for the state ofResiding atMy commission expires(SEAL)

BIOGRAPHICAL AFFIDAVITTo the extent permitted by law, this affidavit will be kept confidential by the state insurance regulatory authority.(Print or Type)Full Name, Address and telephone number of the present or proposed entity under which this biographicalstatement is being required (Do Not Use Group Names).In connection with the above-named entity, I herewith make representations and supply information aboutmyself as hereinafter set forth. (Attach addendum or separate sheet if space hereon is insufficient to answerany question fully.) IF ANSWER IS “NO” OR “NONE,” SO STATE.1.a. Affiant’s Full Name (Initials Not Acceptable).b. Maiden Name (if applicable).2.a. Have you ever had your name changed? If yes, give the reason for the change and provide the fullname(s).b. Other names used at any time (including aliases).3.a. Are you a citizen of the United States?b. Are you a citizen of any other country, if so, what country?4.Affiant’s Occupation or Profession.5.Affiant’s business address.Business telephone.

6.Education and Training:College/ UniversityCity/ StateDates Attended (MM/YY)Degree ObtainedGraduate Studies:College/ UniversityOther Training: NameCity/ StateCity/ StateDates Attended (MM/YY)Dates Attended (MM/YY)Degree ObtainedDegree/Certification Obtained(Note: If affiant attended a foreign school, please provide full address and telephone number of thecollege/university. If applicable provide the foreign student Identification Number in the space providedin the Biographical Affidavit Supplemental Information)7.List of memberships in professional societies and associations.Name ofSociety/Association8.Contact NameAddress ofSociety/AssociationTelephone Numberof Society/AssociationPresent or proposed position with the applicant entity.9.List complete employment record for the past twenty (20) years, whether compensated or otherwise (upto and including present jobs, positions, partnerships, owner of an entity, administrator, manager,operator, directorates or officerships). Please list the most recent first. Attach additional pages if thespace provided is insufficient. It is only necessary to provide telephone numbers and supervisoryinformation for the past ten (10) years.Beginning/EndingDates (MM/YY)-Employers’ NameAddress City State/ProvinceCountry Postal Code Phone Offices/Positions HeldSupervisor / ContactBeginning/EndingDates (MM/YY)-

Employers’ NameAddress City State/ProvinceCountry Postal Code Phone Offices/Positions HeldSupervisor / ContactBeginning/EndingDates (MM/YY)-Employers’ NameAddress City State/ProvinceCountry Postal Code Phone Offices/Positions HeldSupervisor / ContactBeginning/EndingDates (MM/YY)-Employers’ NameAddress City State/ProvinceCountry Postal Code Phone Offices/Positions HeldSupervisor / Contact10.a. Have you ever been in a position which required a fidelity bond? If any claims were madeon the bond, give details.b. Have you ever been denied an individual or position schedule fidelity bond, or had a bond canceledor revoked? If yes, give details.11.List any professional, occupational and vocational licenses (including licenses to sell securities) issuedby any public or governmental licensing agency or regulatory authority or licensing authority that youpresently hold or have held in the past. For any non-insurance regulatory issuer, identify and providethe name, address and telephone number of the licensing authority or regulatory body havingjurisdiction over the license (s) issued. Attach additional pages if the space provided is insufficient.Organization/Issuer of License AddressCity State/Province Country Postal CodeLicense Type License # Date Issued (MM/YY)Date Expired (MM/YY) Reason for TerminationNon-insurance Regulatory Phone Number (if known)

Organization /Issuer of License AddressCity State/Province Country Postal CodeLicense Type License # Date Issued (MM/YY)Date Expired (MM/YY) Reason for TerminationNon-insurance Regulatory Phone Number (if known)12.In responding to the following, if the record has been sealed or expunged, and the affiant haspersonally verified that the record was sealed or expunged, an affiant may respond “no” to thequestion. Have you ever:a. Been refused an occupational, professional, or vocational license or permit by any regulatoryauthority, or any public administrative, or governmental licensing agency?b. Had any occupational, professional, or vocational license or permit you hold or have held, beensubject to any judicial, administrative, regulatory, or disciplinary action?c. Been placed on probation or had a fine levied against you or your occupational, professional, orvocational license or permit in any judicial, administrative, regulatory, or disciplinary action?d. Been charged with, or indicted for, any criminal offense(s) other than civil traffic offenses?e. Pled guilty, or nolo contendere, or been convicted of, any criminal offense(s) other than civil trafficoffenses?f.Had adjudication of guilt withheld, had a sentence imposed or suspended, had pronouncement of asentence suspended, or been pardoned, fined, or placed on probation, for any criminal offense(s)other than civil traffic offenses?g. Been subject to a cease and desist letter or order, or enjoined, either temporarily or permanently, inany judicial, administrative, regulatory, or disciplinary action, from violating any federal, state law orlaw of another country regulating the business of insurance, securities or banking, or from carryingout any particular practice or practices in the course of the business of insurance, securities orbanking?h. Been, within the last ten (10) years, a party to any civil action involving dishonesty, breach of trust,or a financial dispute?i.Had a finding made by the Comptroller of any state or the Federal Government that you haveviolated any provisions of small loan laws, banking or trust company laws, or credit union laws, orthat you have violated any rule or regulation lawfully made by the Comptroller of any state or theFederal Government?j.Had a lien, or foreclosure action filed against you or any entity while you were associated with thatentity?

If the response to any question above is answered “Yes”, please provide details including dates,locations, disposition, etc. Attach a copy of the complaint and filed adjudication or settlement asappropriate.13.List any entity subject to regulation by an insurance regulatory authority that you control directly orindirectly. The term “control” (including the terms “controlling,” “controlled by” and “under commoncontrol with”) means the possession, direct or indirect, of the power to direct or cause the direction ofthe management and policies of a person, whether through the ownership of voting securities, bycontract other than a commercial contract for goods or non-management services, or otherwise, unlessthe power is the result of an official position with or corporate office held by the person. Control shall bepresumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, orholds proxies representing, ten percent (10%) or more of the voting securities of any other person.If any of the stock is pledged or hypothecated in any way, give details.14.Do [Will] you or members of your immediate family individually or cumulatively subscribe to or own,beneficially or of record, 10% or more of the outstanding shares of stock of any entity subject toregulation by an insurance regulatory authority, or its affiliates? An “affiliate” of, or person “affiliated”with, a specific person, is a person that directly, or indirectly through one or more intermediaries,controls, or is controlled by, or is under common control with, the person specified. If the answer is“Yes”, please identify the company or companies in which the cumulative stock holdings represent 10%or more of the outstanding voting securities.If any of the shares of stock are pledged or hypothecated in any way, give details.15.Have you ever been adjudged a bankrupt?16.To your knowledge has any company or entity for which you were an officer or director, trustee,investment committee member, key management employee or controlling stockholder, had any of thefollowing events occur while you served in such capacity? If yes, please indicate and give details. Whenresponding to questions (b) and (c) affiant should also include any events within twelve (12) monthsafter his or her departure from the entity.a. Been refused a permit, license, or certificate of authority by any regulatory authority, orGovernmental-licensing agency?b. Had its permit, license, or certificate of authority suspended, revoked, canceled, non-renewed, orsubjected to any judicial, administrative, regulatory, or disciplinary action (including rehabilitation,liquidation, receivership, conservatorship, federal bankruptcy proceeding, state insolvency,supervision or any other similar proceeding)?

c. Been placed on probation or had a fine levied against it or against its permit, license, or certificateof authority in any civil, criminal, administrative, regulatory, or disciplinary action?Note: If an affiant has any doubt about the accuracy of an answer, the question should be answered inthe positive and an explanation provided.Dated and signed this day of at I hereby certify under penalty of perjury that I am acting onmy own behalf, and that the foregoing statements are true and correct to the best of my knowledge and belief.(Signature of Affiant)DateState of County ofThe foregoing instrument was acknowledged before me this day of , 20 By, and: who is personally known to me, or who produced the following identification:[SEAL]Notary PublicPrinted Notary NameMy Commission Expires

BIOGRAPHICAL AFFIDAVITSupplemental Information(Print or Type)To the extent permitted by law, this affidavit will be kept confidential by the state insurance regulatory authority.Full Name, Address, and telephone number of the present or proposed entity under which this biographicalstatement is being required (Do Not Use Group Names).1.a. Affiant’s Full Name (Initials Not Acceptable).b. Maiden Name (if applicable)2.Affiant’s Social Security Number3.Government Identification Number if not a U.S. Citizen4.Foreign Student ID# (if applicable)5.Date of Birth: (MM/DD/YY) Place of Birth: CityState/Province Country6.Name of Affiant’s Spouse (if applicable)7.List your residences for the last ten (10) years starting with your current address, e/ProvinceCountryPostal Code

Dated and signed this day of atI hereby certify under penalty of perjury that I am acting on my own behalf, and that the foregoing statementsare true and correct to the best of my knowledge and belief.(Signature of Affiant)DateState of County ofThe foregoing instrument was acknowledged before me this day of , 20 By, and: who is personally known to me, or who produced the following identification:[SEAL]Notary PublicPrinted Notary NameMy Commission Expires

DISCLOSURE AND AUTHORIZATION CONCERNING BACKGROUND REPORTS (All states exceptCalifornia, Minnesota and Oklahoma)This Disclosure and Authorization is provided to you in connection with pending or future application(s) of[insert company name](“Company”) for licensure or a permit to organize (“Application”) with adepartment of insurance in one or more states within the United States. Company desires to procure aconsumer or investigative consumer report (or both)(“Background Reports”) regarding your background forreview by a department of insurance in any state where Company pursues an Application during the term ofyour functioning as, or seeking to function as, an officer, member of the board of directors or othermanagement representative (“Affiant”) of Company or of any business entities affiliated with Company (“Termof Affiliation”) for which a Background Report is required by a department of insurance reviewing anyApplication. Background Reports requested pursuant to your authorization below may contain informationbearing on your character, general reputation, personal characteristics, mode of living and credit standing. Thepurpose of such Background Reports will be to evaluate the Application and your background as it pertainsthereto. To the extent required by law, the Background Reports procured under this Disclosure andAuthorization will be maintained as confidential.You may obtain copies of any Background Reports about you from the consumer reporting agency (“CRA”)that produces them. You may also request more information about the nature and scope of such reports bysubmitting a written request to Company. To obtain contact information regarding CRA or to submit a writtenrequest for more information, contact [insert company’s designated person, position, ordepartment, address and phone].Attached for your information is a “Summary of Your Rights Under the Fair Credit Reporting Act.”AUTHORIZATION: I am currently an Affiant of Company as defined above. I have read and understand theabove Disclosure and by my signature below, I consent to the release of Background Reports to a departmentof insurance in any state where Company files or intends to file an Application, and to the Company, forpurposes of investigating and reviewing such Application and my status as an Affiant. I authorize all thirdparties who are asked to provide information concerning me to cooperate fully by providing the requestedinformation to CRA retained by Company for purposes of the foregoing Background Reports, except recordsthat have been erased or expunged in accordance with law.I understand that I may revoke this Authorization at any time by delivering a written revocation to Company andthat Company will, in that event, forward such revocation promptly to any CRA that either prepared or ispreparing Background Reports under this Disclosure and Authorization. This Authorization shall remain in fullforce and effect until the earlier of (i) the expiration of the Term of Affiliation, (ii) written revocation as describedabove, or (iii) twelve (12) months following the date of my signature below.A true copy of this Disclosure and Authorization shall be valid and have the same force and effect as thesigned original.(Printed Full Name and Residence Address)(Signature)State ofCounty of(Date)

The foregoing instrument was acknowledged before me this day of 20 By, who is personally known to me, or who produced thefollowing identification:[SEAL]Notary PublicPrinted Notary NameMy Commission Expires

DISCLOSURE AND AUTHORIZATION CONCERNING BACKGROUND REPORTS (Minnesota andOklahoma)This Disclosure and Authorization is provided to you in connection with pending or future application(s) of[insert company name](“Company”) for licensure or a permit to organize (“Application”) with adepartment of insurance in one or more states within the United States. Company desires to procure aconsumer or investigative consumer report (or both)(“Background Reports”) regarding your background forreview by a department of insurance in any state where Company pursues an Application during the term ofyour functioning as, or seeking to function as, an officer, member of the board of directors or othermanagement representative (“Affiant”) of Company or of any business entities affiliated with Company (“Termof Affiliation”) for which a Background Report is required by a department of insurance reviewing anyApplication. Background Reports requested pursuant to your authorization below may contain informationbearing on your character, general reputation, personal characteristics, mode of living and credit standing. Thepurpose of such Background Reports will be to evaluate the Application and your background as it pertainsthereto. To the extent required by law, the Background Reports procured under this Disclosure andAuthorization will be maintained as confidential.You may request more information about the nature and scope of Background Reports produced by anyconsumer reporting agency (“CRA”) by submitting a written request to Company. You should submit any suchwritten request for more information, to [insert company’s designated person, position, ordepartment, address and phone].Attached for your information is a “Summary of Your Rights Under the Fair Credit Reporting Act.” You will beprovided with a copy of any Background Report procured by Company if you check the box below. By checking this box, I request a copy of any Background Report from any CRA retained byCompany, at no extra charge.AUTHORIZATION: I am currently an Affiant of Company as defined above. I have read and understand theabove Disclosure and by my signature below, I consent to the release of Background Reports to a departmentof insurance in any state where Company files or intends to file an Application, and to the Company, forpurposes of investigating and reviewing such Application and my status as an Affiant. I authorize all thirdparties who are asked to provide information concerning me to cooperate fully by providing the requestedinformation to CRA retained by Company for purposes of the foregoing Background Reports, except recordsthat have been erased or expunged in accordance with law.I understand that I may revoke this Authorization at any time by delivering a written revocation to Company andthat Company will, in that event, forward such revocation promptly to any CRA that either prepared or ispreparing Background Reports under this Disclosure and Authorization. This Authorization shall remain in fullforce and effect until the earlier of (i) the expiration of the Term of Affiliation, (ii) written revocation as describedabove, or (iii) twelve (12) months following the date of my signature below.A true copy of this Disclosure and Authorization shall be valid and have the same force and effect as thesigned original.(Printed Full Name and Residence Address)(Signature)State ofCounty of(Date)

The foregoing instrument was acknowledged before me this day of , 20 By, who is personally known to me, or who produced thefollowing identification:[SEAL]Notary PublicPrinted Notary NameMy Commission Expires

DISCLOSURE AND AUTHORIZATION CONCERNING BACKGROUND REPORTS (California)This Disclosure and Authorization is provided to you in connection with a pending application of[insert company name](“Company”) for licensure or a permit to organize (“Application”) with adepartment of insurance in one or more states within the United States. Company desires to procure aconsumer or investigative consumer report (or both)(“Background Reports”) regarding your background forreview by any department of insurance in such states where Company is currently pursuing an Application,because you are either functioning as, or are seeking to function as, an officer, member of the board ofdirectors or other management representative (“Affiant”) of Company or of any business entities affiliated withCompany (“Term of Affiliation”) for which a Background Report is required by a department of insurancereviewing any Application. Background Reports will be obtained through [insert name of CRA,address](“CRA”). Background Reports requested pursuant to your authorization below may containinformation bearing on your character, general reputation, personal characteristics, mode of living and creditstanding. The purpose of such Background Reports will be to evaluate the Application and your background asit pertains thereto. To the extent required by law, the Background Reports procured under this Disclosure andAuthorization will be maintained as confidential.You may request more information about the nature and scope of Background Reports produced by anyconsumer reporting agency (“CRA”) by submitting a written request to Company. You should submit any suchwritten request for more information, to [insert company’s designated person, position, ordepartment, address and phone].Attached for your information is a “Summary of Your Rights Under the Fair Credit Reporting Act.” You will beprovided with a copy of any Background Report procured by Company if you check the box below.By checking this box, I request a copy of any Background Report from any CRA retained by Company, at noextra charge.Under section 1786.22 of the California Civil Code, y

Viatical Settlement Broker Attestation Regarding a Licensed Viatical Settlement Provider Biographical Affidavit Appointment of Attorney to Accept Service of Process Annual Reporting Forms Complete the above forms and submit along with the 50.00 license fee. Please note: A viatical settlement broker shall file with the Office of the .