Mont. Admin. r. 6.6.8509

Current through Register Vol. 1, January 10, 2025
Rule 6.6.8509 - REGULATION AS A SECURITY
(1) A viatical settlement broker or a viatical settlement provider may not solicit, enter into, or negotiate viatical settlement contracts unless a broker or provider, through the exercise of due diligence, ensures that:
(a) the method of funding the financial obligations of a viatical settlement provider does not involve, directly or indirectly, an offer and sale of a "security", as defined in 30-10-103(22), MCA; or
(b) if the method of funding the financial obligations of a viatical settlement provider does involve, directly or indirectly, an offer and sale of a "security", as defined in 30-10-103(22), MCA, a related offer and sale of a security is in compliance with the Securities Act of Montana, 30-10-101, et seq., MCA.
(2) A viatical settlement provider shall provide a letter verifying that it is in compliance with (1) (a) and (1) (b) with the application and the yearly report to the commissioner.

Mont. Admin. r. 6.6.8509

NEW, 2000 MAR p. 3155, Eff. 11/10/00.

33-20-1315, MCA; IMP, 33-20-1303, MCA;