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Life Settlement Agreement
"I need a Life Settlement Agreement for a $2 million life insurance policy sale in Ontario, where the seller is a corporation and we need to include special provisions for quarterly medical updates and potential resale rights to institutional investors."
1. Parties: Identification of the policy owner (seller), the purchaser, and any intermediaries or brokers involved in the transaction
2. Background: Context of the agreement, including brief description of the life insurance policy and purpose of the settlement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Purchase and Sale: Core transaction terms including purchase price, payment terms, and transfer of rights
5. Conditions Precedent: Conditions that must be satisfied before the settlement becomes effective
6. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity, authority, and the policy
7. Seller's Obligations: Ongoing obligations of the policy owner, including cooperation with medical information requests
8. Purchaser's Obligations: Ongoing obligations of the buyer, including premium payments and confidentiality
9. Privacy and Confidentiality: Provisions for handling personal and medical information in compliance with PIPEDA
10. Regulatory Compliance: Provisions ensuring compliance with applicable insurance and securities regulations
11. Term and Termination: Duration of the agreement and circumstances allowing for termination
12. Governing Law and Jurisdiction: Specification of applicable Canadian law and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Broker Provisions: Required when a licensed broker is involved in facilitating the settlement, detailing their rights and obligations
2. Medical Authorization: Optional section when ongoing medical updates are required, detailing the scope of medical information sharing
3. Trust Arrangements: Required when the policy proceeds are to be held in trust
4. Secondary Market Provisions: Required when the purchaser intends to resell or securitize the policy
5. Insurance Premium Financing: Required when the purchase involves premium financing arrangements
6. Tax Matters: Detailed tax provisions when complex tax implications exist for either party
1. Schedule A - Policy Details: Detailed description of the life insurance policy including policy number, issuer, face value, and premium information
2. Schedule B - Purchase Price Calculation: Detailed breakdown of the purchase price calculation and payment terms
3. Schedule C - Required Documents: List of all documents required to complete the transaction
4. Schedule D - Medical Information Release: Form authorizing release of medical information to the purchaser
5. Schedule E - Broker's Commission: Details of any broker's commission or fees (if applicable)
6. Appendix 1 - Compliance Checklist: Checklist ensuring compliance with applicable Canadian regulations
7. Appendix 2 - Risk Disclosures: Mandatory risk disclosures for the transaction
Authors
Insurance
Financial Services
Healthcare
Legal Services
Investment Management
Wealth Management
Estate Planning
Trust Services
Legal
Compliance
Risk Management
Insurance Operations
Policy Administration
Underwriting
Due Diligence
Privacy and Data Protection
Financial Operations
Client Services
Insurance Broker
Compliance Officer
Legal Counsel
Risk Manager
Financial Advisor
Trust Officer
Settlement Specialist
Underwriting Manager
Portfolio Manager
Privacy Officer
Medical Director
Operations Manager
Due Diligence Analyst
Policy Administration Manager
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