Current through Register Vol. 56, No. 24, December 18, 2024
(a) A first time
applicant for a viatical settlement provider's license shall submit the
following:
1. An Admission Application
including the payment of a nonrefundable application fee of $ 1,000 by check or
money order made payable to State of New Jersey--General Treasury;
2. A copy of its charter or articles of
incorporation as currently in force, certified by the lawful custodian of the
original document;
3. A copy of its
bylaws as currently in force, certified by a senior officer of the
corporation;
4. Six copies of the
current audited annual financial statements including all supplemental exhibits
and holding company organizational chart;
5. If assets include insurance policies, a
valuation of those policies certified by an actuary who is a member of the
American Academy of Actuaries or the Society of Actuaries;
6. For foreign corporations, completed and
executed forms:
i. Appointing the Commissioner
as attorney for service of process; and
ii. Irrevocably consenting to the
jurisdiction of the Commissioner and the New Jersey courts;
7. For publicly traded
corporations, any Federal and/or State securities filings made within the past
year;
8. A statement of ownership
of the applicant which shall include all shareholders of record who control
five percent or more of the outstanding shares of the applicant, directly or
indirectly;
9. A copy of any
agreements by which the right to conduct or influence any of the affairs of the
applicant is transferred to others;
10. Any employment or deferred compensation
agreements in which any officer, director or shareholder who controls five
percent or more of the outstanding shares of the applicant, directly or
indirectly, participates;
11. Any
tender offer materials (advertisements, invitations, etc.), if any tender offer
has been made by the corporation or its parent to acquire another company
within the prior three years preceding;
12. Biographical affidavits, to be completed
by all directors, senior officers and any shareholder of record who controls
five percent or more of the outstanding shares of the corporation, directly or
indirectly;
13. A schedule listing
the following:
i. All jurisdictions from
which the applicant has withdrawn during the prior 10 years and the reasons for
withdrawal; and
ii. All
administrative, civil or criminal actions, orders, proceedings and
determinations thereof to which the applicant, or its affiliates, or any of its
directors, principal officers and/or any shareholder of record who controls
five percent or more of the outstanding shares of the corporation, directly or
indirectly, have been subject in any jurisdiction during the prior 10 years. If
an insurance or viatical license has been refused, suspended or revoked by any
jurisdiction, the applicant shall furnish an explanation and a copy of any
orders, proceedings, and determinations related thereto;
14. A corporate plan of operation consisting
of a description of the applicant's present business plan(s) for conducting
viatical business, including, but not limited to:
i. States in which business will be
conducted;
ii. Marketing methods
shall describe how the applicant advertises and markets its business in
general. The plan of operation shall describe how the applicant contacts and
communicates with individuals/viators, and explain how marketing
representatives and other individuals who have direct contact with
clients/viators are recruited, trained and compensated;
iii. Submission of a copy of all advertising
or solicitation materials that the applicant uses or plans to use to attract
potential viators, or to otherwise market, promote or publicize its business or
services;
iv. Materials provided to
viator shall explain in detail what information is provided to the viator and
by whom concerning the following subjects (attach and describe any related
written material provided to the viator not already attached in response to
previous sections of this application):
(1)
The catastrophic or life-threatening nature of the viator's illness;
(2) The viatical settlement
contract;
(3) The benefits of the
viator's life insurance policy; and
(4) The release of medical records;
v. An explanation of the
applicant's procedures for keeping all medical information confidential. The
applicant shall attach and describe form letters, form medical releases, or
other formatted written material used for this purpose;
vi. Financing strategy, including a
description of controls in place to ensure that the strategy is
followed;
vii. Any criteria or
limitation on size and quantity of policies shall be explained. For example, is
there a limit on the aggregate limit on one life? If so, what is the limit? Is
there a cap on total exposures on all lives? If so, what is the cap?
viii. Details of the provider's procedures
for detecting and investigating possible fraudulent acts and/or material
inconsistencies related to the viatical transaction and the insurance policy to
be viated;
ix. A description of the
applicant's proposed plan for conducting a viatical business in this State (if
it differs from (a)14i through viii above);
x. A summary of arrangements with insurers to
transfer risk, indicating the name of the insurers, retentions, maximum risks,
types of business, types of agreements;
xi. Copies of all management, exclusive
agency, administrative services, or any other operating contracts with insurers
and affiliates of applicant, where applicable, signed by the parties and
certified to by the viatical provider's secretary and chief operating
officer;
15. Identity of
the financial institution where an escrow or trust account will be established
pursuant to N.J.S.A. 17B:8d and identity of the independent trustee or agent;
and
16. A certificate of good
standing from the state of domicile and from the New Jersey Secretary of
State.
(b) The
application and applicable fees shall be sent to:
Viatical Settlement Provider Licensing
New Jersey Department of Banking and Insurance
(c) Upon approval by the Commissioner of an
application for a viatical settlement provider's license, and before issuance
of the license, the applicant shall deposit with the Commissioner securities,
as defined at and pursuant to the provisions of
N.J.S.A. 17B:18-37 and 38 and N.J.A.C.
11:2-32, having a market value of $ 100,000, in satisfaction of the financial
accountability requirement set forth at N.J.S.A. 17B:30A-9d.