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Variable Insurance Products: Current Advertising Issues, Regulatory Challenges and Marketing Channels October 10, 2014 12:30 P.M

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Variable Insurance Products: Current Advertising Issues, Regulatory Challenges and Marketing Channels October 10, 2014 12:30 P.M Variable Insurance Products: Current Advertising Issues, Regulatory Challenges and Marketing Channels October 10, 2014 12:30 p.m. – 2:00 p.m. Panelists from FINRA and the industry conduct this interactive session which focuses on topics such as supplemental hypothetical illustrations, structured investment options, de-risking practices, comparisons, and the related regulatory challenges. The discussion also explores the different marketing techniques and channels firms use to promote variable insurance products and the compliance approaches taken for each. Moderator: Pramit K. Das Assistant Director FINRA Advertising Regulation Panelists: Joseph S. George Manager FINRA Advertising Regulation Windy L. Lawrence Chief Compliance Officer AXA Distributors, LLC Mary E. Walensa Aragon Assistant Vice President, Compliance Jackson National Life Distributors LLC I. Introduction II. Current Industry Issues & Trends III. Specific Areas of Complexity A. Supplemental Hypothetical Illustrations B. Structured Investment Options C. De-Risking Practices D. Comparisons IV. Select Issues from an Industry Perspective A. Wholesalers vs. Representatives B. New Products & Innovations C. New Marketing Channels & Strategies D. Compliance Approaches V. Questions & Answers Variable Insurance Products: Learning Objectives By the end of the session, you should know: 1. Some of the current industry issues and trends. 2. How to address specific areas of complexity, such as: supplemental hypothetical illustrations; structured investment options; de-risking practices; and comparisons. 3. How firms deal with select issues, such as: wholesalers vs. representatives; new products and innovation; new marketing channels and strategies; and compliance approaches. 4. Where to look for additional resources and guidance. Variable Insurance Products Advertising Regulation Conference October 9 - 10, 2014 • Washington, DC Current Industry Issues and Trends Complexity of products and the sales material promoting them. Unsuitable sales and inappropriate 1035 exchanges. Fewer features and benefits. Exodus of firms offering variable annuities. Expanded product illustrations to demonstrate executive retirement income plans or estate planning. Alternative investment options in variable annuities. FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 1 Specific Areas of Complexity Supplemental Hypothetical Illustrations: Weighted Average Expense Illustrations Random Rate Illustrations Split Annuity Illustrations Rider Illustrations Historical Performance Illustrations FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 2 Specific Areas of Complexity Structured Investment Options: Complexity Crediting Methods Caps and Buffers Benefits Typically Promoted Risks Types of Filings Seen Issues Raised FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 3 Specific Areas of Complexity De-Risking Practices: Reduce Guarantees Raise Fees Limit Investment Choices Buy-Out Offers Waive Holding Period FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 4 Specific Areas of Complexity Comparisons: Taxable vs. Tax-deferred: – FINRA Rule 2210(d)(4)(C) – May 2004 Member Alert Variable Life Insurance: – Buy Term and Invest Difference Product-to-Product FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 5 Product-to-Product Comparison FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 6 Industry Perspective Sales Force: Wholesalers vs. Representatives FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 7 Industry Perspective - Jackson Product Innovations: Changes that are not limited to living benefits and related costs. Products without living benefit riders or traditional death benefits. The addition of alternative investment options. FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 8 Industry Perspective - AXA New Generation of Variable Annuities: Innovative or Confusing? Low Interest Rates Structured Investment Options Actively Managed Portfolios Volatility Triggered Features Caps, Floors, and Lower Floors VAs and RIA Expenses and Charges FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 9 Industry Perspective “New” Customer Base: Changes to Products = Changes to Customers (Reps and Retail) FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 10 Industry Perspective - Jackson FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 11 Industry Perspective - AXA New Products and Marketing Strategies: Use of: – Structured Investment Options and Historical Performance – Varying “Economic Environment” Scenarios – Varying Rate Scenarios – Comparisons – Illustrations – Maximum Guaranteed Charges FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 12 Industry Perspective - AXA Digital Communications about Variable Products: Challenges and Risks Development, Supervision, and FINRA Filing FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 13 Questions and Answers Please refer to the online reference materials for a detailed explanation of topics discussed. FINRA Advertising Regulation © 2014 FINRA. All rights reserved. 14 Variable Insurance Products: Common Advertising, Suitability and Sales Practice Issues Detailed Online Reference Materials Variable Insurance Products: Guidance on Applicable Rules and Interpretations Overview of Applicable Advertising Rules Variable Annuities General Do’s and Don’ts (with examples) Hypothetical Illustrations (various scenarios) Riders Overview and Illustrations Historical Performance (various scenarios) Questions to Ask Variable Life Insurance General Do’s and Don’ts (with examples) Hypothetical Illustrations (various scenarios) Historical Performance (various scenarios) Questions to Ask Sales Practice and Suitability Issues Product Innovations Advertising Regulation Conference © 2014 FINRA. All rights reserved. Overview of Applicable Advertising Rules FINRA Rule 2210 (Communications with the Public) IM-2210-2 (Variable Product Guidelines) FINRA Rule 2212 (Use of Investment Companies Rankings in Retail Communications) FINRA Rule 2214 (Requirements for the Use of Investment Analysis Tools) SEC Rule 482 SEC Rule 34b-1 SEC Rule 135a Advertising Regulation Conference © 2014 FINRA. All rights reserved. General Do’s of Variable Annuity Sales Material Identify the product being offered as a variable annuity. Adequately address the risks, fees and expenses including contingent deferred sales charges, mortality and expense risk charges, administrative fees and annual contract fees. Disclose tax liabilities and penalties for certain triggering events such as early withdrawal. Accompany discussions highlighting the tax-deferred nature of the product with a clear indication that earnings will be taxed as ordinary income upon withdrawal. Fully describe the extent of any “guarantee” and ratings for financial strength referred to in the communication and indicate that any guarantees or ratings are based on the claims-paying ability of the issuing life insurance company. Refer to a variable annuity’s investment options as investment accounts, investment options, underlying funds or portfolios. Adequately address the fees and costs associated with any riders promoted. Balance a description of the benefits of a rider with an explanation of its limitations and restrictions. Ensure material that promotes riders provides a sound basis to evaluate the variable annuity. Include a reference to both the variable annuity contract prospectus and the underlying funds prospectus, as appropriate, within prospectus offering statements. Advertising Regulation Conference © 2014 FINRA. All rights reserved. DOES NOT COMPLY Have peace of mind and a care-free retirement. Our strategies will guarantee that you reach your income goals! Register for a luncheon to find out how to obtain secure income throughout your retirement. Space is limited so call 1-888-555-5555 to reserve your seat. Withdrawals of earnings will be subject to ordinary income tax and, if taken prior to age 59 ½, may be subject to a 10% federal tax penalty. Withdrawals may also be subject to surrender charges. There are fees and charges associated with annuities, including mortality and expense charges, administrative fees and annual contract fees. You should consider the investment objectives, risks, charges and expenses of an investment carefully before investing. The prospectus contains this and other important information. Prospectuses for both the variable annuity contract and the underlying funds are available from your financial professional. Please read all prospectuses carefully before investing. Securities offered through High Tide Securities, LLC. Main Concerns: Fails to: • identify the product being offered as a variable annuity; • adequately address risks; • state that all guarantees are based on the claims-paying ability of the issuer; and • balance the description of the benefits of the rider with an explanation of its limitations and restrictions. Prospectus offer fails to comply with SEC Rule 482(b)(5). “Peace of mind,” “care-free retirement,” “Our strategies will guarantee that you reach your income goals,” and “how to obtain secure income” claims are unwarranted, misleading and exaggerated. General Don’ts of Variable Annuity Sales Material Represent or imply that a variable annuity’s investment options are mutual funds, or use mutual fund logos when describing
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