La. Admin. Code tit. 37 § XIII-11709
Annuity-an annuity that is an insurance product under state law that is individually solicited, whether the product is classified as an individual or group annuity.
Cash Compensation-any discount, concession fee, service fee, commission, sales charge, loan, override, or cash benefit received by a producer in connection with the recommendation or sale of an annuity from an insurer, intermediary, or directly from the consumer.
Consumer Profile Information-information that is reasonably appropriate to determine whether a recommendation addresses the consumer's financial situation, insurance needs, and financial objectives, including, at a minimum, the following:
Continuing Education Credit or CE credit-continuing education credit as required by the Department.
Continuing Education Provider or CE Provider-an individual or entity that is approved to offer continuing education courses pursuant to Regulation 89.
Department-The Louisiana Department of Insurance.
FINRA-the Financial Industry Regulatory Authority or a succeeding agency.
Insurance Producer- a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance, including annuities.
Insurer-a company required to be licensed under the laws of this state to provide insurance products, including annuities.
Intermediary-an entity contracted directly with an insurer or with another entity contracted with an insurer to facilitate the sale of the insurer's annuities by producers.
Material Conflict of Interest-a financial interest of the producer in the sale of an annuity that a reasonable person would expect to influence the impartiality of a recommendation. Material Conflict of Interest does not include cash compensation or non-cash compensation.
Non-Cash Compensation-any form of compensation that is not cash compensation, including, but not limited to, health insurance, office rent, office support, and retirement benefits.
Non-Guaranteed Elements-the premiums, credited interest rates (including any bonus), benefits, values, dividends, non-interest-based credits, charges, or elements of formulas used to determine any of these, that are subject to company discretion and are not guaranteed at issue. An element is considered non-guaranteed if any of the underlying non-guaranteed elements are used in its calculation.
Producer-a person or entity required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, including annuities. For purposes of this regulation, producer includes an insurer where no producer is involved.
Recommendation advice provided by a producer to an individual consumer that was intended to result or does result in a purchase, an exchange, or a replacement of an annuity in accordance with that advice. Recommendation does not include general communication to the public, generalized customer services assistance or administrative support, general educational information and tools, prospectuses, or other product and sales material.
Replacement a transaction in which an annuity is to be purchased, and it is known or should be known to the proposing producer, or to the proposing insurer, whether or not a producer is involved, that by reason of the transaction, an existing annuity or other insurance policy has been or is to be any of the following:
Suitability Information-information that is reasonably appropriate to determine the suitability of a recommendation, including the following:
SEC-The United States Securities and Exchange Commission.
La. Admin. Code tit. 37, § XIII-11709