New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 3200 - SALES OF INSURANCE BY FINANCIAL INSTITUTIONS
Part Ins 3204 - CONSUMER PROTECTION
Section Ins 3204.07 - Separation from Deposit and Loan Activities

Universal Citation: NH Admin Rules Ins 3204.07

Current through Register No. 40, October 3, 2024

(a) Sales of insurance shall, to the extent practicable, take place in a location that is distinct from the area where retail deposits or credit transactions are being conducted. Where physical space will allow, signs or other means shall be used to distinguish any established insurance sales area from any established retail deposit taking or lending areas.

(b) When the staffing level, size or design of a particular facility of a financial institution prevent sales from being conducted in a location distinct from the retail area, the financial institution shall submit a plan to the department for approval. The plan shall show the content and physical placement of signage within the retail area. Placement of signage shall minimize customer confusion. In no event shall the sale of insurance products be conducted at the retail deposit-taking stations of a financial institution.

(c) A financial institution shall establish written procedures to demarcate the conclusion of a deposit or loan transaction conducted in the same physical space as a subsequent insurance solicitation.

(d) Signs or other means shall be used to distinguish the insurance sales area from an established retail deposit taking area such as a teller line.

(e) Signs shall:

(1) Be clearly visible to customers and distinguish insurance products from non-insurance products;

(2) Identify insurance agencies and producers who are affiliated with the institution and who are providing insurance products within the retail area; and

(3) Be posted in areas where insurance is sold and shall clarify that insurance sold is not a deposit or obligation of the financial institution, is not guaranteed by the financial institution and is not insured by the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), or their successors as applicable to the licensed financial institution.

(f) Tellers and other employees behind the teller line, while conducting retail deposit or credit transactions, shall not:

(1) Unless in response to a question, inform a customer that insurance products are sold at the financial institution;

(2) Make general or specific investment recommendations regarding insurance products;

(3) Qualify a customer as eligible to purchase the products;

(4) Accept orders for the products, even if unsolicited; or

(5) Perform other activities that involve the sale of an insurance product so as to trigger the licensing requirements of Ins 3202.01.

(g) Solicitation for the purchase or sale of insurance by a financial institution's licensed employee who also exercises authority over credit transactions shall include:

(1) The disclosures required in Ins 3204.02 to address the potential for customer confusion and possible coercion; and

(2) A written and oral disclosure that the purchase of insurance from the licensed employee shall not enhance or affect current or future credit decisions of the financial institution.

(h) Signage, informational materials, and sales literature concerning the availability of insurance products sold through the financial institution shall be displayed so as to distinguish any established insurance sales area from any established retail deposit or credit area and shall comply with applicable requirements of Ins 2600 and Ins 3204.09.

(i) A financial institution shall maintain a file for a 3 year period of any written customer complaint received with respect to insurance solicitations made by licensed employees of the financial institution.

#7064, eff 7-24-99

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