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not a destination

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Blog Posts
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1
Jul 2011
By Art Dinkin

Line in the Sand

Iowa is generally on the leading edge of regulatory issues. Last Friday the State Insurance Division issued two significant Commissioner's Bulletins. Both titled Licensing Requirements and Permitted Activities, bulletin 11-4 is the insurance version and bulletin 11-S-1 is the securities version. These documents detail both permissible and prohibited activities of "Insurance-Only Persons" and "Securities-Only Persons".

There is a lot of confusion in today's financial market place and the debate rages over what is and is not a security product, who can offer advice, and the standards to which the advice-giver must adhere. I applaud Iowa for taking a pro-active role in establishing clear and definitive lines. Specifically the guidelines dictate that an "Insurance-Only Person" may not:

  • Discuss risks specific to the consumer's individual securities portfolio.
  • Provide advice regarding the consumer's specific securities or securities investment performance, or comparing the consumer's specific securities or securities investment performance with other financial products, including annuity contracts or life insurance policies.
  • Recommend the liquidation of specific securities, or identifying specific securities that could be used to fund an annuity or life insurance product.
  • Recommend specific allocations, in dollars or percentages, between insurance and securities products.
  • Offer research, analysis or recommendations to a consumer regarding specific securities.
  • Complete securities forms, except for:
    • providing general information to the consumer related to the consumer's existing or new annuity or life insurance product;
    • assisting with forms that are required by the insurance company to complete an insurance transaction;
    • assisting with forms that are required by Iowa insurance regulations.
  • Use the terms: investment adviser, securities agent, or investment adviser representative or similar titles that tend to indicate to customers that the individual is licensed to provide investment advice, that the individual is licensed to sell securities, or otherwise holding the individual out as providing investment advice to others.

A "Securities-Only Person" may not:

  • Discuss insurance, its cost versus benefits, in specific terms relating to the consumer's individual or group insurance policies.
  • Provide advice regarding the consumer's specific insurance policy performance, or comparing the consumer's specific insurance policy performance with securities.
  • Recommend the liquidation of an insurance policy, the lapsing of an insurance policy, the taking of policy loans, withdrawals, or surrenders, or otherwise providing any insurance advice or recommendations related to the purchase of a security.
  • Recommend specific allocation, in dollars or percentages, between securities and insurance products.
  • Offer research, analysis or recommendations to a prospective consumer regarding specific insurance products or policies.
  • Complete insurance forms, except for:
    • providing general information to the consumer related to the consumer's existing or new securities product;
    • assisting with forms that are required by the insurance company to complete a securities transaction;
    • assisting with forms that are required by Iowa securities regulations.
  • Use the terms insurance professional, agent, producer or similar titles that tend to indicate to customers that an individual is licensed to provide insurance advice, or otherwise holding the individual out as providing insurance advice to others when the individual is not so licensed.

Essentially, the State of Iowa has officially documented what should have been obvious, but was often obscured. No longer can financial professionals in Iowa skirt around the edges of insurance and securities related advice.

It also emphasizes the need to work with someone who is properly licensed in regulated both as an insurance agent as well as registered for securities advice. Otherwise, your financial professional may not be able to provide advice or recommendations regarding your total financial well-being.

I tip my hat to the Iowa regulators. Job well done.

Drew a line in the sand by bJORk(D)mAN

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