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New York · Through 2026-09-11

N.Y. General Obligations Law § 5-1703: Required disclosures to payee

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Where this section sits in the code
  1. General Obligations Law
  2. Article 5. Creation, Definition and Enforcement of Contractual Obligations
  3. Title 17. Structured Settlement Protection Act

§ 5-1703. Required disclosures to payee. Not less than ten days prior

to the date on which the payee signs a transfer agreement, the

transferee shall provide to the payee by first class mail and certified

mail, return receipt requested or United States postal service priority

mail, a separate disclosure statement, in bold type no smaller than

fourteen points, setting forth:

(a) the amounts and due dates of the structured settlement payments to

be transferred;

(b) the aggregate amount of such payments;

(c) the discounted present value of the payments to be transferred,

which shall be identified as the "calculation of current value of the

transferred structured settlement payments under federal standards for

valuing annuities", and the amount of the applicable federal rate used

in calculating such discounted present value;

(d) the price quote from the original annuity issuer or, if such price

quote is not readily available from the original annuity issuer, then a

price quote from two other annuity issuers that reflects the current

cost of purchasing a comparable annuity for the aggregate amount of

payments to be transferred;

(e) the gross advance amount and the annual discount rate, compounded

monthly, used to determine such figure;

(f) an itemized listing of all commissions, fees, costs, expenses and

charges payable by the payee or deductible from the gross amount

otherwise payable to the payee and the total amount of such fees;

(g) the net advance amount including the statement: "The net cash

payment you receive in this transaction from the buyer was determined by

applying the specified discount rate to the amount of future payments

received by the buyer, less the total amount of commissions, fees,

costs, expenses and charges payable by you";

(h) the amount of any penalties or liquidated damages payable by the

payee in the event of any breach of the transfer agreement by the payee;

and

(i) a statement that the payee has the right to cancel the transfer

agreement, without penalty or further obligation, not later than the

third business day after the date the agreement is signed by the payee.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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