Structured Cash Flows Buyer s Guide
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- Ruth Wiggins
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1 Structured Cash Flows Buyer s Guide Predictable Income Fixed Returns Flexible Terms
2 ThemarketforStructuredCashFlows Sincetheexistenceofanindividual sabilitytoreceivea incomestreamhasalsobeentheabilitytosellthatincome streamforalumpsuminthesecondarymarket. Historicallysuchtransactionshaveonlybeenavailableto banks,hedgefunds,foundations,endowments,andother institutionswhorealizethatbybuyingincomestreamsata discounttotheirpresentvaluetheycanachievereturns typicallymuchhigherthanalternatefixedincomeproducts.inthepastfewyears,however,dueto innovationsinriskmanagementandpriceleveragingthemarkettopurchasethesediscountedincome streamshasexpandedtonowincludeindividual retail buyers. Whatisastructuredcashflow? Astructuredcashflowrepresentsaqualifyingpensionplan,structuredsettlementannuity,orother suchincomestreamsoldforalumpsumcashpaymentatadiscounttypicallytocoveranunexpected lifeeventorfinanceanewlifeopportunity.representativepensionplansincludethosefrom employeesofthefederalgovernment,branchesoftheu.s.military,and/orcertaincorporations;and structuredsettlementannuitiescomefromhighlyratedinsurerssuchasnewyorklife,metropolitan Life,JohnHancock,LibertyLife,PacificLife,andothers. StructuredCashFlowsaremadeavailableforsalebytheoriginalincomerecipientforalumpsumcash paymentatadiscount.theseincomestreamspaythebuyerafixedpaymentamount,forafixedperiod oftime,resultinginafixedannualeffectiverateofreturn. Typicalpurchasepricesandterms Purchasepricesstartat$35,000andcangoashighas$250,000ormore.Manybuyerschoosetobuilda portfolioofstructuredcashflowstoadddiversificationandmeettheirdesiredtotalpurchaseprice. Paymenttermscanrangefromthreetothirtyyears,butaremostoftenfivetoeightyears.Theinterest rateisrepresentedasanannualeffectiverateofreturncompoundedbasedonthetimeperiodover whichpaymentsaremade(monthly,quarterly,orannually),andisrecordedtoanaccuracyofthree decimalplaces. Legalstructureofthetransaction Thesellerofthestructuredcashflow,throughasignedagreement,grantstheSeller sagentthe authoritytoselltheincomestreamontheirbehalfforaprenegotiatedprice.onceabuyerhasbeen found,theoriginalincomerecipient,orseller,issellingafixedpaymentarisingfromacertainstructured assettothebuyerforthedesignatedpaymentterm.thisisaccomplishedthroughaduallyexecuted ContractforSaleofPaymentsdocument.
3 Priortoclosingthesellermustexecuteandsendverificationthatdirectsthepensionplanorinsurance companytonowdiverttheincomestreamtothedesignatedservicingcompany,whointurnsendsa newdistributiontothebuyer. Processtopurchase Onceabuyerhasbeenidentifiedwhowouldbenefitfromowningaspecificstructuredcashflowthe processtopurchaseisasfollows: Documentsreceivedbybuyeratclosing SalesAssistanceAgreement. Photoidentificationofseller. PurchaseApplication. DuallyexecutedContractforSaleofPayments. SecurityAgreement. LimitedDurablePowerofAttorneygrantingthedesignatedservicingcompanytheright toacceptpaymentsdirectlyfromtheobligor. Seller saffidavitofmaritalstatus,andifmarriedaspousalconsentform. PurchaseAssistanceAgreement. Pensioncontractorbenefitsletterstatingthesellerisentitledtotheincomestream. Seller screditreport. AmortizationScheduledepictingpaymentssoldtobuyer. ProofoflifeinsurancepolicywithCollateralAssignmenttobuyer. PaymentChangeVerificationshowingevidencetheincomestreamhasbeendivertedto thedesignatedservicingcompany. Step1 BuyersignsandreturnstoTransactionAssistanceTeamthenecessarydocumentstopurchaseaspecific structuredcashflow. Step2 Buyerplacespurchase fundsintoescrowpendingbuyer'sfinalapprovaloftransactionuponreceiptandreview ofclosingdocuments. Step3 Closingdocumentsaresenttobuyerforreviewandfinalapprovaloftransaction.Buyerhas3dayreview periodwithfullrightofrescission. Step4 Oncebuyerapprovestransactionseller'sproceedsaresenttotheirbankaccount,incomestreamhasbeen divertedtodesignatedservicingcompany,andanewdistributionissenttobuyerforeachpaymentperiodof thedesignatedterm.
4 TransactionAssistanceTeam Asthetransactionfacilitator,theTransactionAssistanceTeamisresponsiblefortheoverallbusinessand operationsofthesalesprocess.thisincludes: EnteringintoaSalesAssistanceAgreementwithsellertofacilitatethesaleoftheirstructured cashflowinreturnforaprenegotiatedlumpsumcashpayment. Assigningabuyertobuythestructuredcashflowatanagreeduponsalespriceand correspondingannualeffectiverateofreturn. Safeguardingthebuyer spurchasefundsthroughanescrowaccountuntilfinalapprovaland closingofthetransaction. CompletingtheContractforSaleofPaymentsincoordinationwiththedesignatedservicing company. OverseeingthesalesduediligenceprocessassetoutintheBuyer spurchaseassistance Agreement. Closingthetransactionandprovidingasetofclosingdocumentstothebuyercontainingall documentsassetoutinthebuyer spurchaseassistanceagreement. RiskFactors PleaseaskyourfinancialadvisorforacopyoftheDisclosureofRisksStatement,andconsidercarefully therisksinvolvedbeforepurchasingastructuredcashflow.buyersofstructuredcashflowsalsoreceive anoptiontopurchasedefaultedstructuredasset,issuedbyperformancearbitragecompany,inc. (PAC),whichdefinesthetermsunderwhichPACwillpurchaseanonperformingstructuredcashflow. PleaseaskyourfinancialadvisorforacopyoftheOptionAgreementElectionFormwhichoutlinesthe aforementionedterms. Purchasefeesandexpenses Thebuyerisnotchargedanyadditionalfeesorexpenseswhenacquiringastructuredcashflow.The priceabuyerpaysforastructuredcashflowandthecorrespondingannualeffectiverateofreturn constitutethenetpriceandtheactualeffectiverateofreturnthebuyerwillearn.allassociated underwriting,legal,escrow,closingfees,andtheoptiontopurchasedefaultedstructuredassetare paidbythetransactionassistanceteamoutofthenetdifferencebetweenthepriceatwhichitenters intoasalesassistanceagreementwithaseller,andthepriceatwhichitissoldtoabuyer.the TransactionAssistanceTeamalsoearnsafeethatispaidoutofthenetsalesproceeds. Incometaxconsiderations Thetaxyoupayonyourstructuredcashflowdependson thejurisdictionofyourcitizenship,thejurisdictionofyour residency,andu.s.taxlaws.thetransactionassistance Teamexpressesnoopiniononyourtaxobligationand recommendsyouconsultyourtaxadvisoraccordingly.
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