1. The Laws of New York
  2. Consolidated Laws
  3. General Obligations
  4. Article 5: Creation, Definition and Enforcement of Contractual Obligations
  5. Title 17: Structured Settlement Protection Act


Section 5-1706 Approval of transfers of structured settlement payment rights

General Obligations (GOB)

Approval of transfers of structured settlement payment rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction based upon express findings by such court that:

  (a) the transfer complies with the requirements of this title;

  (b) the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependants; and whether the transaction, including the discount rate used to determine the gross advance amount and the fees and expenses used to determine the net advance amount, are fair and reasonable. Provided the court makes the findings as outlined in this subdivision, there is no requirement for the court to find that an applicant is suffering from a hardship to approve the transfer of structured settlement payments under this subdivision;

  (c) the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing;

  (d) the transfer does not contravene any applicable statute or the order of any court or other government authority; and

  (e) is written in plain language and in compliance with section 5-702 of this article.