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RULE 15-1304. AFFIDAVIT OF INDEPENDENT PROFESSIONAL ADVISOR

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 15. Other Special Proceedings
Chapter 1300. Structured Settlement Transfers
MD Rules, Rule 15-1304
RULE 15-1304. AFFIDAVIT OF INDEPENDENT PROFESSIONAL ADVISOR
The affidavit of the independent professional advisor shall include an affirmation that the affiant's compensation is not affected by whether the proposed structured settlement transfer occurs and shall state:
(a) The full name, address, e-mail address, and telephone number of the affiant;
(b) The status of the affiant as an attorney, certified public accountant, actuary, or other licensed professional advisor, including:
(1) each state in which the affiant is licensed in that capacity; and
(2) each state in which the affiant has been the subject of any disciplinary proceedings regarding such a license.
(c) The number of times in the past five years that the affiant has acted as an independent professional advisor with respect to a proposed transfer of structured settlement payment rights to the petitioner or to an affiliate or predecessor of the petitioner.
(d) The nature and extent of personal contact by the affiant with the payee regarding the proposed transfer, including the date and place of each such contact and whether the contact was in-person, by telephone, or by e-mail.
(e) The fee charged by the affiant for the services rendered to the payee and the name, address, e-mail address (if any), and telephone number of each person, other than the payee, from whom any compensation for services rendered with respect to the proposed transfer has been or will be sought.
(f) The amount of any fees, costs, expenses, or other charges that will be deducted from the amount payable to the payee under the transfer agreement and a particularized explanation of the nature of each such fee, cost, expense, or other charge.
(g) Whether there have been any prior transfers or proposed transfers of any of the payee's structured settlement rights and, if so, as to each such transfer or proposed transfer, whether the affiant acted as an independent professional advisor for the payee.
(h) Whether the structured settlement arose from a claim of lead poisoning or a case in which an allegation was made in a court record of a mental or cognitive impairment on the part of the payee, and, if so:
(1) The nature and extent of the affiant's investigation into the ability of the payee to understand the nature and economic consequences of the proposed transfer, including any contact with the payee's attorney in the claim or case leading to the structured settlement;
(2) The basis for the affiant's conclusion that the payee is capable of understanding, and does understand, the nature and economic consequences of the transfer, and
(3) A list of any documents upon which the advisor relied in reaching that conclusion.
(i) The discounted present value of the payment rights being transferred and the applicable federal rate used in determining that value;
(j) The annual interest rate implied in the transfer, treating the net purchase price as the principal amount of a loan, to be repaid in installments corresponding to the transferred payments; and
(k) Whether the affiant investigated and advised the payee about possible alternatives to the proposed transfer, including any option for acceleration of future annuity payments;
(l) That the advisor has advised the payee concerning whether the proposed transfer would be in the best interest of the payee, taking into account the welfare and support of the payee's dependents; and;
(m) That the advisor is not affiliated with or compensated by the transferee.
Source: This Rule is new.

Credits

[Adopted Dec. 7, 2015, eff. Jan. 1, 2016. Amended Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 15-1304, MD R SPEC P Rule 15-1304
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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