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23-81-705. Effects of transfer of structured settlement payment rights.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-81-705. Effects of transfer of structured settlement payment rights.

23-81-705. Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights under this subchapter: (1) The structured settlement obligor and the annuity issuer shall be discharged and released from all liability for the transferred payments as to all parties except the transferee; (2) The transferee shall be liable to the structured settlement obligor and the annuity issuer: (A) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and (B) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this subchapter; (3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and (4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this subchapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-81-705

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:23-81-705
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4298807e92ea7f68bcb7979f7ae278c0a15be377887d2447eb87f10d89bb10e5

Source location: content.xml paragraph 49517

Stored source content

23-81-705. Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights under this subchapter: (1) The structured settlement obligor and the annuity issuer shall be discharged and released from all liability for the transferred payments as to all parties except the transferee; (2) The transferee shall be liable to the structured settlement obligor and the annuity issuer: (A) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and (B) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this subchapter; (3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and (4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this subchapter.

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