SECTION 4.2308. Required Consumer Notices

(a) If an application for an annuity contract or certificate is taken in a face-to-face meeting, the applicant must be given at or before the time of application both a disclosure document and the appropriate buyer's guide specified in §4.2310 of this title (relating to Buyer's Guide).

(b) If the application is taken by means other than in a face-to-face meeting, the applicant must be sent, not later than the fifth business day after the date on which the completed application is received by the insurer, both a disclosure document and the appropriate buyer's guide specified in §4.2310 of this title.

(c) If the insurer receives the application as a result of a direct solicitation through the mail, the insurer's providing the appropriate buyer's guide and a disclosure document in a mailing inviting prospective applicants to apply for an annuity contract or certificate satisfies the requirement in subsection (b) of this section that the appropriate buyer's guide and the disclosure document be provided not later than the fifth business day after the date of receipt of the application.

(d) If the application is received through the internet, and if the insurer takes reasonable steps to ensure that the appropriate buyer's guide and a disclosure document are available for viewing and printing on the insurer's website and are opened or acknowledged by the prospective applicant, the provided buyer's guide and disclosure document will be deemed to satisfy the requirement that the appropriate buyer's guide and the disclosure document be provided not later than the fifth business day after the date of receipt of the application.

(e) A solicitation for an annuity contract that is provided in a manner other than a face-to-face meeting must include a statement that the proposed applicant may contact the insurer for a free annuity buyer's guide.

(f) Insurers receiving an application for private placement contracts as defined by Insurance Code §1152.110(a), concerning Private Placement Contracts, are not required to provide the buyer's guide specified in §4.2310 of this title.

(g) This section applies regardless of whether an insurer is providing a 15-day free look period like that required in §4.2311(a) of this title (relating to Free Look Period) before the adoption of this subchapter or whether the insurer begins providing the 15-day free look period in accordance with §4.2311(a) of this title.

Source Note: The provisions of this §4.2308 adopted to be effective March 1, 2011, 36 TexReg 1281; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250