Viatical Settlement Investment Contracts as Securities

Viatical Settlement Investment Contracts as Securities. A. Viatical Settlement Investment Contracts: A viatical settlement investment contract is any agreement, regardless of title or caption, for the purchase, sale, assignment, transfer, devise, or bequest of any portion of the benefit of the life insurance policy or certificate. The term “viatical settlement or similar agreement” as used in the definition of “security” in the Act does not include: 1. The assignment, transfer, sale, devise, or bequest of a death benefit, life insurance policy or certificate of insurance by the viator to the viatical settlement provider under the Viatical Settlements Act as codified at Miss. Code Ann. Sections 83-7-201 to -223, as amended. 2. The assignment of a life insurance policy to a bank, savings bank, savings and loan association, credit union, or other licensed lending institution as collateral for a loan. 3. The exercise of accelerated benefits under the terms of a life insurance policy issued in accordance with the insurance laws of this state. B. Issuer: With respect to a viatical settlement investment contract that is non- fractionalized or non-pooled, “issuer” means the person effecting the transactions with the investors in such contracts. With respect to a viatical settlement investment contract that is fractional or pooled, issuer means the person who creates the fractional or pooled interest.