st james assignment corporation 2010 st james assignment corporation structured settlements...

St James Assignment Corporation St James Assignment Corporation www.stjames.bbwww.stjames.bbCopyright 2010Copyright 2010

St James Assignment CorporationStructured Settlements Assignment

Program

AssignmentAssignment obligations are backed by Annuities from obligations are backed by Annuities from St. James Assurance Corporation, a Barbados QICSt. James Assurance Corporation, a Barbados QIC

Copyright 2010Copyright 2010St James Assignment Corporation St James Assignment Corporation

www.stjames.bbwww.stjames.bb

Structured Settlements Assignment Program Overview

Step 1

QSF/Defendant/Insurer assigns obligation for periodic payments due to Attorney/plaintiff, to the Assignment Company.

Step 2

Assignment Company accepts assignment for future periodic payments obligation and purchases a funding asset (annuity) to match obligation.

Step 3

Asset provider (Annuity company) provides funding asset and makes payments when due to either the Assignment company that owns the asset or, on direction of the Assignment Co, makes payment directly to the Attorney.

Step 5Attorney/Plaintiff receives periodic payments when due from either:

-the Assignment Company or;-the asset provider on the direction of the assignment company.

-Tax reporting for the amounts received on IRC 1099 MISC follows annually from remitter, asset provider or the assignment company.

Step 4

Asset provider invests in desired risk portfolio instruments as set out in the Settlement Agreement and Assignment Agreement governing the fees and assignment.



Types of Cases Accepted

• Discrimination• Contract Disputes• Non-Physical Injuries• Punitive Damage• Sexual Harassment• Civil Rights Violation• Environmental Litigation• Legal Malpractice• Construction Defects• Divorce (Child Support & Property Division)• Property Disputes• Attorney Fees on IRC S104 qualified cases

NoteNote:: The underlying criteria for accepting a case is the evidence of a dispute. If The underlying criteria for accepting a case is the evidence of a dispute. If you have a case that falls outside of those above, please call us to discuss.you have a case that falls outside of those above, please call us to discuss.



Annuity Underwriting

• Choice of Fixed Income or Variable Annuity

• Minimum Premium is $2M

• Maximum annuity term – 25 years

• Minimum deferral – 5 years

• Earliest 1st payment – year 6

• Only annual lump sums

• Special language required in Settlement Agreement for fixed or variable annuity payouts

• Beneficiary Designation allowed



Annuity Investing

St James can arrange suitable investments through a leading investment bank and full service investment firm which is familiar with the proposed arrangement, or, if preferred, through a suitable investment firm with whom the attorney has an existing relationship.

• Variable Annuity – customized to suit the risk tolerance of the client, using mixes of low risk and equities instruments determined by settlement

agreement and risk profile of payee.

• Fixed Income Annuity – can be customized also.



Security of Investment Premiums are invested by a leading investment bank and full service investment firm

in the US.

Funds never leave the US.

Premium is deposited into SJ Assignment’s account with the investment bank, then transferred to SJ Assurance’s account, also with the investment bank. In both Assignment and Assurance the transactions are maintained in separate accounts specific to that case and policy, as per the assignment and annuity contracts .

Investments are designated by the investment bank as St. James Assurance for the benefit of each specific policy or account.

Payouts are made directly from investment bank to annuitant.

All funds or investment assets are protected and preserved at all times by separate account legislation that governs both Assignment and Assurance.

Assurance is regulated by the Supervisor of Insurance of Barbados.



‘Separate Account’ Legislation The Barbados Companies Act provides for companies to be formed and registered

as ‘separate account’ companies, whereby the assets and liabilities of each account are segregated one from the other, and from the assets and liabilities of the core company.

As a result, investments held by separate account companies in separate accounts for designated individual annuity/insurance contracts are protected from general creditors of the company, as well as from claims against another account.

Both St James Assignment Corporation and St James Assurance Corporation are separate account companies.

St James Assurance Corporation is also a Qualified Insurance Company (QIC) and files audited Financial Statements with the Supervisor of Insurance annually.



Document Requirements

Assignment and Release Agreement Settlement Agreement IRS W-9 Hold Harmless Agreement (for Attorney Fees) Trust Agreement (if applicable)

Court Order (if applicable)



Tax Reporting

The full amount of all benefit payments will be reported via an IRS 1099MISC annually to the annuitant, as they are made

for all cases except Divorce - Property Division and Child Support.

For Divorce Cases – Property Division and Child Support, only the interest / gain above the premium invested will be

reported annually via an IRS 1099MISC, when the payments are made to the payee.



Benefits of the Program

Investment of pre-taxed dollars

Tax deferral until payments are received

Flexibility

Asset protection



Dollars and Sense



Power of DeferralCash Upfront v/s Deferral Returns

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Year

Dolla

r Cash Upfront

Deferral

st james assignment corporation 2010 st james assignment corporation structured settlements...

Documents

assignment company

assignment agreement

st james assurance corporation

annuity investing st

asset provider annuity

separate account companies

investment assets

funding asset annuity