Louisiana has joined the race to implement state-backed annuity gross sales requirements, elevating questions on whether or not the race will actually assist states chase away federal regulation of non-variable annuity gross sales.
The Louisiana Division of Insurance coverage just lately adopted a regulation that implements the Nationwide Affiliation of Insurance coverage Commissioners’ Suitability in Annuity Transactions Mannequin Regulation, in line with the American Council of Life Insurers and the Nationwide Affiliation of Insurance coverage and Monetary Advisors, which have backed the adoption effort.
Louisiana is now the forty sixth state to undertake the replace, and the forty seventh to undertake both the replace or a stronger various.
Initially, states had hoped that getting all states to undertake the replace rapidly might hold the U.S. Securities and Alternate Fee from overseeing gross sales of non-variable annuities. However now the U.S. Labor Division is implementing new gross sales requirements that would result in federal oversight anyway.
What it means: Louisiana’s transfer to undertake the NAIC’s suitability replace might not defend the state’s annuity sellers from federal regulation.
The backdrop: The SEC already classifies variable annuities and variable life insurance coverage as securities.
Present federal legal guidelines go away regulation of non-variable merchandise to the states, however a Dodd-Frank Act provision might let the SEC regulate non-variable listed annuities if states fail to undertake robust, uniform gross sales requirements for these merchandise promptly.