(d) It
shall be unlawful for any registered face-amount certificate company
to issued or sell any face-amount certificate, or to collect or accept
any payment on any such certificate issued by such company on or after
the effective date of this subchapter, unless such certificate contains
a provision or provisions to the effect—
(1) that, in respect of any certificate
of the installment type, during the first certificate year the holder
of the certificate, upon surrender thereof, shall be entitled to a
value payable in cash not less than the reserve payments as specified
in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this
section and at the end of such certificate year, a value payable in
cash at least equal to 50 per centum of the amount of the gross annual
payment required thereby for such year;
5-263.2
(2) that, in respect of any certificate
of the installment type, at any time after the expiration of the first
certificate year and prior to maturity, the holder of the certificate,
upon surrender thereof, shall be entitled to a value payable in cash
not less than the then amount of the reserve for such certificate
required by numbered items (1) and (2) of subparagraph (D) of paragraph
(2) of subsection (a) of this section, less a surrender charge that
shall not exceed 2 per centum of the face or maturity amount of the
certificate, or 15 per centum of the amount of such reserve, whichever
is the lesser, but in no event shall such value be less than 50 per centum of
the amount of such reserve. The amount of the surrender value for
the end of each certificate year shall be set out in the certificate;
(3) that, in respect of
any certificate of the installment type, the holder of the certificate,
upon surrender thereof for cash or upon receipt of a paid-up certificate
as provided in subsection (f) of this section, shall be entitled to
a value payable in cash equal to the then amount of any advance payment
reserve under such certificate required by subparagraph (F) of paragraph
(2) of subsection (a) of this section in addition to any other amounts
due the holder hereunder;
5-263.3
(4) that at any time prior to maturity,
in respect of any certificate which is fully paid, the holder of the
certificate, upon surrender thereof, shall be entitled to a value
payable in cash not less than the then amount of the reserve for such
certificate required by item (1) of subparagraph (E) of paragraph
(2) of subsection (a) of this section, less a surrender charge that
shall not exceed 2 per centum of the face or maturity amount of the
certificate, or 15 per centum of the amount of such reserve, whichever
is the lesser: Provided, however, That such surrender charge
shall not apply as to any obligations of a fully paid type resulting
from the maturity of a previously issued certificate. The amount of
the surrender value for the end of each certificate year shall be
set out in the certificate;
(5) that in respect of any certificate,
the holder of the certificate, upon maturity, upon surrender thereof
for cash or upon receipt of a paid-up certificate as provided in subsection
(f) of this section, shall be entitled to a value payable in cash
equal to the then amount of the reserve, if any, for such certificate
required by item (4) of subparagraph (D) of paragraph (2) of subsection
(a) of this section or item (2) of subparagraph (E) of paragraph (2)
of said subsection (a) in addition to any other amounts due the holder
hereunder.
5-263.4
The term “certificate year” as used in this section in
respect of any certificate of the installment type means a period
or periods for which one year’s payment or payments as provided by
the certificate have been made thereon by the holder and the certificate
maintained in force by such payments for the time for which the same
have been made, and in respect of any certificate which is fully paid
or paid-up means any year ending on the anniversary of the date of
issuance of the certificate.
Any certificate may provide for loans or advances by the
company to the certificate holder on the security of such certificate
upon terms prescribed therein but at an interest rate not exceeding
6 per centum per annum. The amount of the required reserves, deposits,
and the surrender values thereof available to the holder may be adjusted
to take into account any unpaid balance on such loans or advances
and interest thereon, for the purposes of this subsection and subsections
(b) and (c) of this section.
5-263.5
Any certificate may provide that the company at its option
may, prior to the maturity thereof, defer any payment or payments
to the certificate holder to which he may be entitled under this subsection,
for a period of not more than thirty days: Provided, That in
the event such option is exercised by the company, interest shall
accrue on any payment or payments due to the holder, for the period
of such deferment at a rate equal to that used in accumulating the
reserves for such certificate: And provided further, That the
Commission may, by rules and regulations or orders in the public interest
or for the protection of investors, make provision for any other deferment
upon such terms and conditions as it shall prescribe.
[15 USC 80a-28. Act
of Aug. 22, 1940 (54 Stat. 829) as amended by acts of Dec. 14, 1970
(84 Stat. 1426) and Dec. 4, 1987 (101 Stat. 1262).]