News & Analysis as of

Investment Management Life Insurance

Carlton Fields

Expect Focus - Volume II, May 2024

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Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

Eversheds Sutherland (US) LLP

SEC grants no-action relief to delay payment from variable insurance contracts to protect vulnerable adults in cases of suspected...

Recently, in response to a request from the Committee of Annuity Insurers, the staff in the Chief Counsel's Office of the Securities and Exchange Commission's (SEC) Division of Investment Management issued a no-action letter...more

King & Spalding

NAIC's Focus on Investment Management Agreements (IMAs) involving Private Equity-Owned Insurers

King & Spalding on

As private equity investors continue to increase their presence in the insurance industry with acquisitions of insurers and reinsurance of blocks of insurance contracts through insurer portfolio companies and segregated...more

Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Gerald Nowotny - Law Office of Gerald R....

Family Affair – Introducing Family Office Life Annuity™ (aka FOLA™)

Most of you know by now that I grew up in the Panama Canal Zone which no longer exists as of 1999. In that respect, the transition left me as a man without a country. My father (of blessed memory) when referring to kids...more

Gerald Nowotny - Law Office of Gerald R....

NOWOTNY KNOWS SQUAT! Part 3 Using Malta Pension Plans to Raise AUM and Sell More Life Insurance

Nowotny Knows Squat! Part 3 of the series focuses on value added planning ideas that financial advisors and life insurance agents should introduce to their clients. #financialadvisors #insurance #maltapensionplans ...more

Gerald Nowotny - Law Office of Gerald R....

NOWOTNY KNOWS SQUAT! Part 3 Using Malta Pension Plans to Raise AUM and Sell More Life Insurance

Nowotny On Death and Taxes episode #34 podcast, titled Nowotny Knows Squat Part 3 - Using Malta Pension Plans to Raise Assets Under Management and Sell More Life Insurance, focuses on value added planning ideas that financial...more

Carlton Fields

DOL to Plan Sponsors: “It’s All About the Benjamins!”

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Dear Department of Labor: The fiduciary role of selecting 401(k) and 403(b) plan investment options based on diversification and projected risk and return is too easy. Can we sacrifice some returns in order to promote social...more

Gerald Nowotny - Law Office of Gerald R....

PRIVATE PLACEMENT LIFE INSURANCE WEBINAR

Discussion Points: a. Why financial advisors and life insurance agents should be selling PPLI now. b. An overview of the current lay of the land in PPLI. c. The important tax rules of PPLI. d. Planning examples using...more

Carlton Fields

DOL Warms Up to Private Equity in 401(k) Plans

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On June 3, 2020, the Department of Labor provided valuable insights via an information letter addressing private equity investment (PEI) within defined contribution retirement plans (such as 401(k) plans). ...more

Bowditch & Dewey

Record Low Interest Rates Let You Have Your Cake and Eat It Too – Life Insurance, Investments & Intra-family Loans

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At this time, unless Congress acts, the current lifetime estate tax exemption amount of $11,580,000 is set to sunset in 2025, which means that in 2026 it will revert to $5,000,000 per person, adjusted for inflation. Many...more

Gerald Nowotny - Law Office of Gerald R....

Dark Side of the Moon

Gerry discusses the peculiarities of the alternate investment diversification testing method for variable universal life insurance....more

Gerald Nowotny - Law Office of Gerald R....

Main Reason To Be Selling PPLI Now

Gerry introduces his first video presentation on Private Placement Life Insurance and points out the main reasons you should be selling it today!...more

Williams Mullen

[Webinar] Cryptocurrency and Blockchain Technology: What Financial Advisors Need to Know - May 28th, 11:00 am ET

Williams Mullen on

Are you ready for the world of cryptocurrency? It is increasingly becoming an important—but complex—wealth transfer topic in estate planning. In order to properly advise clients and manage their portfolios, accountants and...more

Gerald Nowotny - Law Office of Gerald R....

Market Changes Favoring the Sale of Private Placement Life Insurance (PPLI) by Financial Advisors and Life Insurance Agents

My first introduction to private placement insurance products came in 1996 when I met a husband and wife team that were involved in the first iteration of Scottish Annuity and Life Insurance (SALI). When I went to work for...more

Gerald Nowotny - Law Office of Gerald R....

What a Difference a Day Makes!

Nowotny On Death and Taxes - What a Difference a Day Makes! Episode 5 focuses on market changes favoring the sale of private placement life insurance (PPLI) by financial advisors and life insurance agents. ...more

Carlton Fields

Second Circuit Opens Door to Lawsuits Based on Contract Violating 1940 Act

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The Second Circuit has decided that Section 47(b) of the Investment Company Act of 1940 provides a private right of action for rescission of a contract that violates any provision of the 1940 Act or any rule or order...more

Carlton Fields

Reg BI Compliance Countdown: T-Minus Six Months

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As the June 30, 2020, compliance date approaches, broker-dealers are taking steps to implement Regulation Best Interest (Reg BI), which establishes a new standard of conduct when making recommendations to retail customers of...more

Troutman Pepper

Investment Management Roundtable Discussion – Personal Estate Planning

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Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more

Vedder Price

Remarks of Dalia Blass at the ALI CLE 2019 Conference on Life Insurance Company Products

Vedder Price on

On November 7, 2019, Dalia Blass, Director of the SEC’s Division of Investment Management, delivered the keynote address at the annual ALI CLE Conference on Life Insurance Company Products. Her remarks primarily focused on...more

Carlton Fields

Multiple Plaintiffs Take Shot at SEC Regulation Best Interest

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The Securities and Exchange Commission’s Regulation Best Interest faces a bumpy road in the wake of recent lawsuits challenging the appropriateness and effectiveness of the rule....more

Carlton Fields

Unpacking the SEC’s Regulation Best Interest Package

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On June 5, 2019, the SEC adopted a four-part regulatory package that includes: new Regulation Best Interest (Reg. BI), the related “Relationship Summary” disclosure form (Form CRS), and two interpretations of the Advisers...more

Carlton Fields

Use of Non-Binding SEC Staff Guidance Called Into Question

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Recent moves by the SEC could signal a shift away from the use of non-binding guidance in the form of no-action letters or other types of compliance and interpretive information that the SEC staff frequently publishes....more

Carlton Fields

Buffer ETFs vs. Index-Linked Annuities

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Like most ETFs, the buffer ETFs are registered with the SEC on Form N-1A as “open-end” investment companies, and they issue and redeem their shares at net asset value (NAV) only as part of large blocks, known as “creation...more

Carlton Fields

SEC Lightens Legal Load of Mutual Fund Directors

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The SEC staff now says that mutual fund directors can rely on chief compliance officer certifications in determining compliance with board procedures required by SEC exemptive Rules 10f-3, 17a-7, and 17e-1 under the...more

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