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.NEW, 2000 MAR p. 3155, Eff. 11/10/00.33-20-1315, MCA; IMP, 33-20-1303, MCA;