Securities and Exchange Commission July 1, 2008 – Federal Register Recent Federal Regulation Documents

Indexed Annuities and Certain Other Insurance Contracts
Document Number: E8-14845
Type: Proposed Rule
Date: 2008-07-01
Agency: Securities and Exchange Commission, Agencies and Commissions
We are proposing a new rule that would define the terms ``annuity contract'' and ``optional annuity contract'' under the Securities Act of 1933. The proposed rule is intended to clarify the status under the federal securities laws of indexed annuities, under which payments to the purchaser are dependent on the performance of a securities index. The proposed rule would apply on a prospective basis to contracts issued on or after the effective date of the rule. We are also proposing to exempt insurance companies from filing reports under the Securities Exchange Act of 1934 with respect to indexed annuities and other securities that are registered under the Securities Act, provided that the securities are regulated under state insurance law, the issuing insurance company and its financial condition are subject to supervision and examination by a state insurance regulator, and the securities are not publicly traded.