Practicing Law Institute - Securities Arbitration
Brokers are subject to different regulatory obligations depending on the type of product being recommended to a customer. Generally, brokers are subjected to overlapping oversight and are regulated at both the federal and state level. This oversight becomes even further complicated when a broker sells a product that spans multiple regulatory schemes such as certain annuities, which may be both insurance and securities products.
This article describes a broker’s suitability obligations under the new suitability rule when making recommendations which are covered by that rule. Next, it describes the additional obligations that a broker has when making a recommendation of a variable annuity. Last, it describes the obligations a broker has when recommending an equity-indexed annuity, which has sometimes been viewed as both a security and insurance and sometimes solely as an insurance product.