Nevada Code § 42.400

General provisions; construction
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1. The provisions of NRS 42.200 to 42.400 , inclusive, may not be waived by a
payee.
2. Any transfer agreement entered into by
a payee who is domiciled in this State must provide that disputes under the
transfer agreement, including, without limitation, any claims that the payee
has breached the agreement, must be determined in and under the laws of this
State. A transfer agreement must not authorize the transferee or any other
party to confess judgment or consent to entry of judgment against the payee.
3. A transfer of structured settlement
payment rights must not extend to any payments that are life-contingent unless,
before the date on which the payee signs the transfer agreement, the transferee
has established and has agreed to maintain procedures reasonably satisfactory
to the structured settlement obligor and the annuity issuer for periodically
confirming the payees survival and giving the structured settlement obligor
and the annuity issuer prompt written notice in the event of the payees death.
4. If the payee cancels a transfer
agreement, or if the transfer agreement otherwise terminates, after an
application for approval of a transfer of structured settlement payment rights
has been filed and before it has been granted or denied, the transferee must
promptly request the dismissal of the application.
5. A payee who proposes to make a transfer
of structured settlement payment rights does not incur any penalty, forfeit any
application fee or other payment or otherwise incur any liability to the
proposed transferee or any assignee based on any failure of the transfer to
satisfy the conditions of NRS 42.200 to 42.400 , inclusive.
6. Nothing contained in NRS 42.200 to 42.400 , inclusive, shall:
(a) Be construed to authorize any transfer of
structured settlement payment rights in contravention of any applicable law or
to imply that any transfer under a transfer agreement entered into before
October 1, 2021, is valid or invalid.
(b) Affect the validity of any transfer of
structured settlement payment rights, whether under a transfer agreement
entered into before or after October 1, 2021, in which the structured settlement
obligor and annuity issuer waived, or have not asserted their rights under,
terms of the structured settlement prohibiting or restricting the sale,
assignment or encumbrance of the structured settlement payment rights.
7. Compliance with the requirements set
forth in NRS 42.200 to 42.400 , inclusive, and fulfillment of the
conditions set forth in NRS 42.200 to 42.400 , inclusive, are solely the
responsibility of the transferee in any transfer of structured settlement
payment rights, and neither the structured settlement obligor nor the annuity
issuer, if any, has any responsibility for, or any liability arising from,
noncompliance with such requirements or failure to fulfill such conditions.
8. NRS
42.200 to 42.400 , inclusive, apply
to any transfer of structured settlement payment rights under a transfer
agreement entered into on or after October 1, 2021.

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