Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 95.00 - Variable Life Insurance
Section 95.02 - Qualifications of Insurance Companies to Issue Variable Life Insurance Policies
Current through Register 1531, September 27, 2024
(1) Before any insurance company can qualify to deliver or issue for delivery any variable life insurance policy within the Commonwealth, the company shall obtain authorization to transact life insurance business in the Commonwealth, and shall submit the following information to the Commissioner for authorization to transact variable life insurance business in the Commonwealth:
the state of entry of an alien insurer being deemed its state of domicile for these purposes;
(2) If the insurer's surplus and capital are less than $5,000,000.00, the insurer shall also submit the following information to the Commissioner for authorization to transact variable life insurance business:
(3) Every insurer seeking authorization to transact variable life insurance business in the Commonwealth shall file with the Commissioner and thereafter maintain a statement specifying the insurer's standards of suitability. Such standards shall be binding on the insurer, its insurance producers, and any others involved in any way with the promotion, sale, marketing, and advertising of the insurer's variable life insurance products. These standards shall, at a minimum, specify that:
(4) Every insurer seeking authorization to transact variable life insurance business in the Commonwealth shall adopt by formal action of its board of directors, and shall file with the Commissioner, a written statement specifying the standards of conduct of the insurer, its officers, directors, employees, affiliates, and investment advisors with respect to the purchase or sale of investments of separate accounts. Such standards of conduct shall be binding on the insurer and those to whom it refers. A code or codes of ethics meeting the requirements of 15 U.S.C. § 80a - 17(j) and applicable rules and regulations thereunder shall be sufficient to comply with this requirement.
(5) Any material contract between an insurer and suppliers of consulting, investment, administrative, sales, marketing, custodial, or other services with respect to variable life insurance operations shall be in writing and shall provide that the supplier of such services shall furnish the Commissioner with any information or reports in connection with such services which the Commissioner may request in order to ascertain whether the variable life insurance operations of the insurer are being conducted in a manner consistent with 211 CMR 95.00 and any other applicable law or regulations.
(6) In determining the qualifications of an insurance company to issue variable life insurance policies in the Commonwealth, if such company is a parent, subsidiary, affiliate of, or under common control with, another company, the Commissioner shall also consider its relationship with such other company and the degree to which the requesting insurer, as well as the other company, meets these standards.
(7) The Commissioner will grant authorization to an insurer to transact variable life insurance business in the Commonwealth only after he or she has found that all of the following have been met:
In determining whether these standards have been met, the Commissioner shall consider, among other things, the applicable law and regulations under which the insurer is authorized in its state of domicile to issue variable life insurance policies (the state of entry of an alien insurer being deemed its state of domicile for this purpose), and, where relevant, the extent to which affiliates of the requesting insurer would also meet the standards set forth in 211 CMR 95.02(7).
(8) Any person qualified in the Commonwealth to sell or offer to sell variable life insurance shall immediately report to the Commissioner:
(9) If the Commissioner determines that an insurer transacting variable life insurance business in the Commonwealth does not meet the standards set forth in 211 CMR 95.00, he or she may institute proceedings to revoke or suspend that insurer's authorization to transact variable life insurance business in the Commonwealth in accordance with M.G.L. c. 175, §§ 5 and 132G. 211 CMR 95.00 in no way limits the Commissioner's authority to impose other sanctions as permitted by law.
(10) Any material submitted to the Commissioner under 211 CMR 95.02 will be disapproved if it is found to be false, misleading, deceptive, or inaccurate in any material respect and, if previously distributed, the Commissioner may require the submission of amended material. Any material required to be filed with and approved by the Commissioner shall be subject to disapproval if at any time it is found by him or her not to comply with the standards established in 211 CMR 95.00. This provision in no way limits the Commissioner's authority to impose other sanctions as permitted by law.