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（3） 應記載說明該貼現保單之保險費或其他相關費用是否已經免除。如已為 免除者，應說明如保險人於該保單貼現後終止其保險費之免除者，購買 人是否仍應就保險費負責，及其總額為何。
（4） 應記載說明該貼現保單之種類（例如，終身壽險、定期壽險、萬能保險 或團體保險）以及有無額外之其他權益與該保單目前之狀態。
（5） 如該貼現保單為定期壽險保單者，應記載說明其可能發生之特別風險，
包括但不限於，如保單貼現人就保險期間予以延長者，購買人將面臨額 外負擔保費之風險。
（6） 應記載說明該保單之保險人仍得否對該保單提出抗辯。
（7） 應記載說明該保單之保險人有無其他仍得主張之權利，或可能具有影響 或消滅購買人依保單貼現契約所具有之權益。並應說明該權利為何以及 在何種情況下，保險人得行使之。
（8） 應記載說明負責追蹤被保險人狀態之人，其名稱及住所。並說明其發生 的次數、身故日期為何，以及一旦被保險人身故，將於何時以及以何種 方式，通知購買人。
（二）向保險人之資訊揭露
依Model Act第9條規定54，保單貼現經紀人或保單貼現提供者而言，其均為保單 貼現契約當事人或關係人之一，其有義務於保險人發行該保單的第一個五年以 後，就單一或系列保單貼現交易之後，有關保單貼現契約之訂立，更新、持續或 保單質借等事項向該發行保單之保險人予以說明與揭露。
柒、 一般性規定（General Rules）
54 Section 9. Disclosure to Insurer
Prior to the initiation of a plan, transaction or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction or series of transactions, to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at anytime prior to, or during the first five (5) years after, issuance of the policy.
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Model Act第10條55，係就有關保單貼現之一般性規定，予以明文規範，茲謹就其
55 Section 10. General Rules
A. (1) A viatical settlement provider entering into a viatical settlement contract shall first obtain:
(a) If the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind and under no constraint or undue influence to enter into a viatical settlement contract; and
(b) A document in which the insured consents to the release of his or her medical records to a licensed viatical settlement provider, viatical settlement broker and the insurance company that issued the life insurance policy covering the life of the insured.
(2) Within twenty (20) days after a viator executes documents necessary to transfer any rights under an insurance policy or within twenty (20) days of entering any agreement, option, promise or any other form of understanding, expressed or implied, to viaticate the policy, the viatical settlement provider shall give written notice to the insurer that issued that insurance policy that the policy has or will become a viaticated policy. The notice shall be accompanied by the documents required by Paragraph (3).
(3) The viatical provider shall deliver a copy of the medical release required under Paragraph (1)(b), a copy of the viator’s application for the viatical settlement contract, the notice required under Paragraph (2) and a request for verification of coverage to the insurer that issued the life policy that is the subject of the viatical transaction. The NAIC’s form for verification of coverage shall be used unless another form is developed and approved by the commissioner.
(4) The insurer shall respond to a request for verification of coverage submitted on an approved form by a viatical settlement provider or viatical settlement broker within thirty (30) calendar days of the date the request is received and shall indicate whether, based on the medical evidence and documents provided, the insurer intends to pursue an investigation at this time regarding the validity of the insurance contract or possible fraud. The insurer shall accept a request for verification of coverage made on an NAIC form or any other form approved by the commissioner. The insurer shall accept an original or facsimile or electronic copy of such request and any accompanying authorization signed by the viator. Failure by the insurer to meet its obligations under this subsection shall be a violation of Section 11C and Section 16 of this Act.
(5) Prior to or at the time of execution of the viatical settlement contract, the viatical settlement provider shall obtain a witnessed document in which the viator consents to the viatical settlement contract, represents that the viator has a full and complete understanding of the viatical settlement contract, that he or she has a full and complete understanding of the benefits of the life insurance policy, acknowledges that he or she is entering into the viatical settlement contract freely and voluntarily and, for persons with a terminal or chronic illness or condition, acknowledges that the insured has a terminal or chronic illness and that the terminal or chronic illness or condition was diagnosed after the life insurance policy was issued.
(6) If a viatical settlement broker performs any of these activities required of the viatical settlement provider, the provider is deemed to have fulfilled the requirements of this section.
B. All medical information solicited or obtained by any licensee shall be subject to the applicable provisions of state law relating to confidentiality of medical information.
C. All viatical settlement contracts entered into in this state shall provide the viator with an absolute right to rescind the contract before the earlier of sixty (60) calendar days after the date upon which the viatical settlement contract is executed by all parties or thirty (30) calendar days after the viatical settlement proceeds have been send to the viator as provided in Section 10F. Rescission by the viator may be conditioned upon the viator both giving notice and repaying to the viatical settlement provider within the rescission period all proceeds of the settlement and any premiums, loans and loan interest paid by or on behalf of the viatical settlement provider in connection with or as a consequence of the viatical settlement. If the insured dies during the rescission period, the viatical settlement contract shall be deemed to have been rescinded, subject to repayment to the viatical settlement provider or purchaser of all viatical settlement proceeds, and any premiums, loans and loan interest that have been paid by the viatical settlement provider or purchaser, which shall be paid within sixty (60) calendar days of the death of the insured. In the event of any rescission, if the viatical settlement provider has paid commissions or other compensation to a viatical settlement broker in connection with the rescinded transaction, the viatical settlement broker shall refund all such commissions and compensation to the viatical settlement provider within five business days following receipt of written demand from the viatical settlement provider, which demand shall be accompanied by either the viator’s notice of rescission if rescinded at the election of the viator, or notice of the death of the insured if rescinded by reason of the death of the insured within the applicable rescission period.
[D. The purchaser shall have the right to rescind a viatical settlement contract within three (3) days after the disclosures mandated by Section 8D and 8E are received by the purchaser.]
E. The viatical settlement provider shall instruct the viator to send the executed documents required to effect the change in ownership, assignment or change in beneficiary directly to the independent escrow agent. Within three (3) business days after the date the escrow agent receives the document (or from the date the viatical settlement provider receives the documents, if the viator erroneously provides the documents directly to the provider), the provider shall pay or transfer the proceeds of the viatical settlement into an escrow or trust account maintained in a state or federally-chartered financial institution whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC). Upon payment of the settlement proceeds into the escrow account, the escrow agent shall deliver the original change in ownership, assignment or change in beneficiary forms to the viatical settlement provider or related provider trust or other designated representative of the viatical settlement provider. Upon the escrow agent’s receipt of the acknowledgment of the properly completed transfer of ownership, assignment or designation of beneficiary from the insurance company, the escrow agent shall pay the settlement proceeds to the viator.
F. Failure to tender consideration to the viator for the viatical settlement contract within the time set forth in the disclosure pursuant to Section 8A(7) renders the viatical settlement contract voidable by the viator for lack of consideration until the time consideration is tendered to and accepted by the viator. Funds shall be deemed sent by a viatical settlement provider to a viator as of the date that the escrow agent either releases funds for wire transfer to the viator or places a check for delivery to the viator via United States Postal Service or other nationally recognized delivery service.
G. Contacts with the insured for the purpose of determining the health status of the insured by the viatical settlement provider or viatical settlement broker after the viatical settlement has occurred shall only be made by the viatical settlement provider or broker licensed in this state or its authorized representatives and shall be limited to once every three (3) months for insureds with a life expectancy of more than one year, and to no more than once per month for insureds with a life expectancy of one year or less. The provider or broker shall explain the procedure for these contacts at the time the viatical settlement contract is entered into. The limitations set forth in this subsection shall not apply to any contacts with an insured for reasons other than determining the insured’s health status. Viatical settlement providers and viatical settlement brokers shall be responsible for the actions of
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相關規定，敘述如下︰
（一） 保單貼現提供者於簽訂保單貼現契約之前，應先完成相關的先期作業，
諸如︰
1. 如保單貼現人即為被保險人時，須由合格醫師出具一份聲明，即保單貼現 人於簽訂契約時，具有健全的心智。亦即意志上不受到拘束或無不正當影 響的狀態之書面聲明。
2. 一份文件足以顯示被保險人同意其醫療病歷可以公開予具有證照的保單貼 現提供者、保單貼現經紀人或發行終身壽險保單之保險人。
（二） 所有經由具有證照之人而可得獲取之相關醫療資訊，皆應符合相關州法 律對於投資機密保護之規定。
（三） 所有保單貼現契約之內容，於經所有契約當事人履行其義務後之60日 內，或保單貼現人依本法第10條F項之規定於保單貼現程序開始後之30 日內，保單貼現人均享有無條件撤銷該契約之權利。
（四） 保單貼現購買人，於依本法第8條D項與同條E項之相關資訊揭露有所修 正時，在修正後之3日內，購買人均有權撤銷該保單貼現契約。
（五） 保單貼現提供者，應協助、指導保單貼現人，將有關變更保單所有人與 受益人之相關文件，交付予獨立之信託機構予以保管。該獨立信託機構 於收取該等文件後，保單貼現提供者，應於3個營業日內，將所可得貼 現之金額匯入由該州或聯邦所許可開立之金融機構的信託帳戶中。該金 融機構之存款，必須受到聯邦儲蓄保險公司（Federal Deposit Insurance Corporation﹐FDIC）存款保險之保障。
（六） 如貼現的對價給付，並未於第8條A項第7款的期間內給付予保單貼現人 時，該保單貼現契約，將失其效力，直到保單貼現人受領該對價之給付，
始得回復該契約之效力。
（七） 保單貼現提供者為確定被保險人之身體健康狀況，得與被保險人接觸以
their authorized representatives.