Effective: March 23, 2018
Latest Legislation: House Bill 223 - 132nd General Assembly
Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type of the minimum size of fourteen points, setting forth all of the following:
(A) The amounts and due dates of the structured settlement payments that would be transferred under the transfer agreement;
(B) The aggregate amount of the payments described in division (A) of this section;
(C) The discounted present value of the payments described in division (A) of this section, 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 determining the discounted present value;
(D) The gross advance amount;
(E) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(F) The net advance amount;
(G) The effective annual interest rate, which shall be disclosed as follows: "On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect, be paying interest to us at a rate of ___________ per cent per year";
(H) The aggregate amount of any penalty or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;
(I) 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;
(J) That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights.
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Section 2323.06 | Mortgagor and Mortgagee Mediation.
Section 2323.07 | Sale of Foreclosed Property.
Section 2323.09 | Judgment Against Married Woman.
Section 2323.12 | Judgment by Confession.
Section 2323.13 | Warrant of Attorney to Confess.
Section 2323.14 | Confession of Judgment by Attorney Named by Person in Custody.
Section 2323.21 | Rights of Infants Reserved in Judgments.
Section 2323.23 | Record Made Unless Waived.
Section 2323.24 | Contents of Record.
Section 2323.25 | Courts May Order Records Completed.
Section 2323.26 | Complete Records Need Not Be Made.
Section 2323.261 | Records of Extracounty Actions.
Section 2323.27 | Transcription of Judicial Records.
Section 2323.28 | Records in Dismissed Cases.
Section 2323.29 | Index to Judgments.
Section 2323.30 | Costs Secured by Plaintiff.
Section 2323.31 | Cash Deposits as Security; Indigent Litigants.
Section 2323.311 | Indigent Litigants.
Section 2323.32 | Rule as to Executors and Administrators.
Section 2323.33 | Action Dismissed for Want of Security for Costs; Applicability.
Section 2323.34 | Security if Plaintiff Becomes a Nonresident.
Section 2323.35 | Additional Security on Motion of Defendant.
Section 2323.36 | Judgment Entered Against Surety for Costs.
Section 2323.41 | Collateral Benefits Introduced Into Evidence.
Section 2323.42 | Motion and Hearing to Determine Good Faith of Claim.
Section 2323.43 | Limitation on Compensatory Damages That Represent Economic Loss.
Section 2323.44 | Rights of Subrogee.
Section 2323.451 | Affidavits of Merit; Discovery; Joinder.
Section 2323.46 | Fees on Summons to Another County.
Section 2323.51 | Frivolous Conduct in Filing Civil Claims.
Section 2323.52 | Civil Action to Declare Person Vexatious Litigator.
Section 2323.55 | Future Damages in Medical Malpractice Actions.
Section 2323.56 | Periodic Payments of Future Damages.
Section 2323.57 | General Verdict for Future Damages.
Section 2323.58 | Transfer of Structural Settlement Payment Rights Definitions.
Section 2323.581 | Valid Transfer of Structural Settlement Payment Rights.
Section 2323.582 | Contents and Form of Disclosure Statement.
Section 2323.583 | Transfer of Structured Settlement Payment Rights; Applicable Procedures.
Section 2323.584 | Filing Application for Approval in Advance of Transfer.
Section 2323.585 | Immunity - Waiver - Illegal Transfers.
Section 2323.586 | Settlement Obligor and Annuity Issuer Immune From Liability.
Section 2323.587 | Consumer Sales Practices Act Applicability.