News & Analysis as of

Variable Annuities

Carlton Fields

A Sea Change in RILA Regulation: Navigating the New Waters

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On July 1, 2024, the Securities and Exchange Commission adopted a new registration framework for registered index-linked annuity (RILA) contracts. RILA contracts allow investors to allocate purchase payments to one or more...more

Woodruff Sawyer

What Is Private Placement Life Insurance?

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Market volatility and heightened tax uncertainty have caused increased interest in private placement life insurance (PPLI) in recent years. However, those same factors have led to increased scrutiny for high-net-worth...more

Carlton Fields

NASAA Report on BD Compliance With Reg BI: Finds Progress, but Specifies Work To Be Done

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A September report of the North American Securities Administrators Association (NASAA) on broker-dealer compliance with the SEC’s Regulation Best Interest (Reg BI) finds...more

Davis Wright Tremaine LLP

FINRA’s 2024 Annual Regulatory Oversight Report: Select Observations

FINRA recently published its 90-page 2024 Annual Regulatory Oversight Report (Report) providing member firms with insight into six primary topics: Financial Crimes, Crypto Asset Development, Firm Operations, Communications...more

Carlton Fields

No Hibernation for Issuers of Index-Linked Variable Annuities and Index Universal Life

Carlton Fields on

After a blustery fall, the NAIC’s Life Actuarial (A) Task Force (LATF) adopted the following at its December 2022 meeting: Actuarial Guideline LIV – Nonforfeiture Requirements for Index-Linked Variable Annuity Products...more

Dickinson Wright

Fee-Based Annuities: A Potential Insurance Trap for the Unwary Financial Planner

Dickinson Wright on

Sales of fee-based annuities have soared in recent years. However, the financial planners and investment advisers that use them with clients may be unknowingly exposing themselves to future enforcement action from state...more

Burr & Forman

FINRA 2023 Exam Priorities

Burr & Forman on

Every year the Financial Institution Regulatory Authority (FINRA) issues its “Report on FINRA’s Examination and Risk Monitoring Program.” The Report covers issues noted during the prior year’s exams and topics that examiners...more

Mayer Brown Free Writings + Perspectives

FINRA Releases 2023 Report on Its Examination and Risk Monitoring Program

On January 10, 2023, the Financial Industry Regulatory Authority, Inc. (“FINRA”) released its 2023 Report on FINRA’s Examination and Risk Monitoring Program (the “Report), available at:  2023 Report on FINRA’s Examination and...more

Carlton Fields

SLUSA Dismissal Affirmed in Variable Annuity Class Action: Eleventh Circuit Looks Behind Artful Pleading

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The Eleventh Circuit Court of Appeals recently affirmed the dismissal of a putative class action against a brokerage firm and its parent company, holding that the Securities Litigation Uniform Standards Act (SLUSA) barred the...more

Goodwin

SEC Enforcement Weighs in on Variable Annuity Exchanges for the First Time

Goodwin on

After years of relative silence related to variable annuity exchanges on the regulatory front, the U.S. Securities and Exchange Commission announced last week settled charges against RiverSource Distributors, Inc...more

Kramer Levin Naftalis & Frankel LLP

NY DFS to Impose New Limits on Variable Products

Insurers writing variable annuities in New York will want to focus on newly proposed requirements from the New York Department of Financial Services (DFS) on separate account contracts...more

Carlton Fields

New Year, New Index-Linked Variable Annuity Actuarial Guideline?

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On November 29, the NAIC Index-Linked Variable Annuity (A) Subgroup (ILVA Subgroup) issued a proposed actuarial guideline to clarify the application of NAIC Model 250, Variable Annuity Model Regulation, and NAIC Model 805,...more

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

TAKE A CHANCE ON ME! PART II - Embracing the Magic of Private Placement Life Insurance and Private Placement Variable Annuities

The bottom line; I can make a significant impact on your bottom line. Take a Chance on Me! Part II #ppli #ppva #idf #estateplanning #financialadvisor #tax ...more

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

TAKE A CHANCE ON ME! PART II - Embracing the Magic of Private Placement Life Insurance and Private Placement Variable Annuities

Nowotny On Death and Taxes episode #41 Take A Chance On Me Part II refers to the point not only can Gerry create the strategies but he can implement them as well. Gerry is a leader in private placement life insurance (PPLI),...more

Carlton Fields

New “Buffered” VA and VLI Investment Options: Will Compete With Index-Linked Options

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At least two insurance companies are adding “buffered” investment portfolios to the lineup of underlying funds that are available to support their variable annuity and variable life insurance policies....more

Faegre Drinker Biddle & Reath LLP

FINRA’s Focus on Variable Annuity Switches Continues

On January 8, 2021, without admitting or denying the findings, VALIC Financial Advisors, Inc., (VALIC) entered into a settlement with FINRA Enforcement, through an Acceptance, Waiver and Consent (AWC) where the factual...more

Burr & Forman

FINRA 2021 Exam Results and Priorities

Burr & Forman on

On February 1, 2021, the Financial Industry Regulatory Authority (“FINRA”) released its “Report on FINRA’s Risk Monitoring and Examination Activities.”  The Report combines two of FINRA’s long-standing reports:  (a) the...more

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

NOWOTNY KNOWS SQUAT! Part 2 Using PPLI and PPVA Annuities to Raise Assets Under Management and Sell More Life Insurance

Nowotny Knows Squat - Part 2! This video speaks to financial advisors on how to sell more life insurance with private reinsurance. Customized product. Full commission product. #financialadvisor #insurance #ppli #ppva...more

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

NOWOTNY KNOWS SQUAT! Part 2 Using PPLI and PPVA Annuities to Raise Assets Under Management and Sell More Life Insurance

Nowotny On Death and Taxes podcast episode #34 is a message to financial advisors to consider implementing private placement life insurance and private placement deferred variable annuities in their series of solutions they...more

Kramer Levin Naftalis & Frankel LLP

NY DFS Adjusts Reserving Requirements for In-Force Variable Business

New York-licensed insurers that write life and annuity products should consider possible balance-sheet implications for in-force variable business — including the ability to establish certain reserves over five years...more

UB Greensfelder LLP

The Rare Case Of The Unsuitable Strategy

UB Greensfelder LLP on

As everyone is likely well aware, one of the principal changes that happened when FINRA retired the old suitability rule – NASD Rule 2310 – and replaced it with shiny new FINRA Rule 2111 back in 2012 was the broadening of the...more

Faegre Drinker Biddle & Reath LLP

SEC Adopts New Rule 498A for Variable Contracts

On March 11, 2020, the U.S. Securities and Exchange Commission adopted new Rule 498A under the Securities Act of 1933, as amended, and related form and rule amendments. The new rule and amendments are intended to modernize...more

Carlton Fields

Sprouting: Modernized Variable Product Disclosures: SEC Approves Summary Prospectuses

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As spring begins, and after many years of fertilizing and watering by industry representatives, the SEC has adopted comprehensive reforms to its disclosure requirements for variable annuities (VAs) and variable life insurance...more

WilmerHale

COVID-19: SEC Grants Temporary Relief to Mutual Funds from Borrowing and Lending Restrictions

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On March 23, 2020, the SEC issued an order (the “Order”) granting registered open-end funds and insurance company variable annuity separate accounts expanded capability to borrow from their affiliates to satisfy redemption...more

Eversheds Sutherland (US) LLP

SEC adopts groundbreaking disclosure improvements for variable insurance contracts 

On March 11, 2020, the Securities and Exchange Commission (“SEC” or “Commission”) adopted a new prospectus disclosure framework, including new rules, rule amendments and registration statement form amendments, for...more

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