Supervision of Distribution

Similar documents
FOR RELEASE: MONDAY, MARCH 21 AT 4 PM

Dave Banerjee, CPA. Speaker Media Kit July 2015

Regulatory Developments

Washington Update: Understanding the Nuances What's on the Table and What's Next?

Privacy & Security in 2011

Wednesday, October 26 Session Number 1. Hot, Hot, Hot! Regulatory Hot Topics for 2016

Hot Topics IN PLAN AUDITS

Best Practices Trump Regulatory Compliance

Key Regulatory Developments Over the Past Year and Their Impact on Your Compliance Program

ICI Mutual Insurance Company, RRG RISK MANAGEMENT CONFERENCE April 6-8, 2016 Windsor Court Hotel New Orleans, Louisiana FINAL AGENDA

Susan S. Krawczyk. P: E:

Rollovers and IRA Transfers: Navigating Treacherous Waters FRED REISH, ESQ.

3000. RESPONSIBILITIES RELATING TO ASSOCIATED PERSONS, EMPLOYEES, AND OTHERS' EMPLOYEES

MSRB WEBINAR Municipal Securities Dealers Continuing Education Requirements. Hosted by the Municipal Securities Rulemaking Board December 4, 2014

Regulatory Notice 11-54

In With the New, Out With the Old: A Flood of Quasi Fiduciary Rules Coming fi360 Inc. All Rights Reserved.

Common stock prices 1. New York Stock Exchange indexes (Dec. 31,1965=50)2. Transportation. Utility 3. Finance

Authored and prepared by egx

FOR RELEASE: TUESDAY, MAY 25 AT 3 PM

FOR RELEASE: WEDNESDAY, JULY 23 AT 6 AM

Mary Jane Wilson-Bilik

A Fiduciary Duty for Broker-Dealers?

GDPR Essentials. To Meet the May 25th Deadline. FIA Webinar March 1, 2018

FOR RELEASE: WEDNESDAY, NOVEMBER 17 AT 11:30 AM

Exploring Social Media, Technology Trends and Their Impacts Wednesday, May 27 1:45 p.m. 3:00 p.m.

No Need to Panic. A Roadmap to the DOL s Final Fiduciary Rule and What It Means for Firms and Advisors

Extending FINRA's Rules To Debt Research

RE: Request for Information Regarding the Fiduciary Rule and Prohibited Transaction Exemption (RIN 1210-AB82)

Subject: Mary E. Vandenack & the SEC s Proposed Interpretation of Standard of Conduct for Investment Advisers

CRCP Week II: Capstone November 11-16, 2018

Fixed Income Conference March 11, 2014

Cyberinsurance: Necessary, Expensive and Confusing as Hell. Presenters: Sharon Nelson and Judy Selby

The CFPB s TILA-RESPA Integrated Disclosure Rule: What You Need to Know for October 3rd. Paul Bugoni, Esq. Stewart Title Guaranty Company New York, NY

By David F. Katz, Richard D. Smith, Elizabeth K. Hinson, Jason Mark Anderman and Sarah Statz

THE WHITE HOUSE Office of the Press Secretary EMBARGOED UNTIL 6AM ET, WEDNESDAY, APRIL 6, 2016

Your Risk Management Toolkit. Kevin Larson, Chief Compliance Officer, Cetera Investment Services

THE FIDUCIARY STANDARD: WHAT COULD CHANGE TO THE DOL STANDARD MEAN TO YOU

PLAN DISTRIBUTION AND ROLLOVER GUIDANCE AFTER CHAMBER OF COMMERCE V. US DEPARTMENT OF LABOR

You recognize that your retirement plan is a critical benefit that can help your company attract and retain quality employees.

Financial and Operational Issues. Dawn Calonge, Surveillance Director, FINRA, Boca Raton District Office

SEC PROPOSED STANDARDS OF CONDUCT. FOR RETAIL ADVICE Chris Cox Jennifer Klass Steven Stone Brian Baltz May 9, Morgan, Lewis & Bockius LLP

Best Practices for Retail Non- Deposit Investment Programs

Financial Industry Developments

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the Act or

2015 ANNUAL COMPLIANCE MEETING

Regulation R Explained Where Every Fiduciary Organization Must Be Now ABA/FIRMA Telephone Briefing Follow-up Q&As 12/17/09

Annual Compliance Meeting On-Demand Course Segments

Investment Adviser Registration Overview 2012

FINRA Conference 2017

2210. Communications with the Public

2016 NASAA Broker-Dealer Coordinated Exam: Summary of Preliminary Results

Sara Robben, Statistical Advisor National Association of Insurance Commissioners

THE NEW YORK STOCK EXCHANGE LLC OFFICE OF HEARING OFFICERS

Report on the Anticipated Operational Impacts to Broker- Dealers of the Department of Labor s Proposed Conflicts of Interest Rule Package

Overlapping examination priorities for 2018

Policy Outlook: Pressing Regulatory Issues and Advocacy Opportunities

The Mutual Fund industry s push toward expanded distribution channels continues to result in a shift from conventional

SEC FINALIZES REGULATION CROWDFUNDING

**ORAL ARGUMENT SCHEDULED FOR DECEMBER 8, 2017** IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

SEC PROPOSES CONSOLIDATED AUDIT TRAIL FOR TRADING OF CERTAIN EQUITY SECURITIES

Fiduciary Guide. Helping to protect your plan. MetLife Resources

CREDIT UNIONS SURVIVAL GUIDE CLASSIFICATION AND MEASUREMENT OF FINANCIAL INSTRUMENTS (ASU )

American Equity Investment Life Holding Company. Investor Financial Overview March 31, 2018

HIPAA vs. GDPR vs. NYDFS - the New Compliance Frontier. March 22, 2018

IS YOUR FINANCIAL ADVISOR A FIDUCIARY?

Advice for Investment Advisers

A NEW FIDUCIARY RULE FOR THE INVESTMENT ADVICE PLAYBOOK

Sponsored by. Is Your Data Safe? The 2016 Financial Adviser Cybersecurity Assessment

CYBER LIABILITY REINSURANCE SOLUTIONS

NASAA BROKER-DEALER SECTION IRA ROLLOVER REPORT NORTH AMERICAN SECURITIES ADMINISTRATORS ASSOCIATION

CMTA Annual Conference April 2018

Proxy Access Struck Down by Courts. Additional Dodd-Frank Act Compensation and Governance Provisions Delayed

Managing market ups and downs. Three tips to help you invest with confidence RETIREMENT PLAN SERVICES

CFPB Update. COHEAO Annual Conference. January 29, 2018 Arlington, VA. Heather S. Klein, Associate

The Committee for the Fiduciary Standard. Special Interests Lobby Courts in Best Interest of Banks, Brokers and Insurers, Not Retirement Investors

ERISA FIDUCIARY BASICS AND BEST PRACTICES

DAHAB ASSOCIATES, INC. 423 SOUTH COUNTRY ROAD BAY SHORE, NY (631)

What You Need to Know About Capital Formation Wednesday, May 23 9:45 a.m. 10:45 a.m.

NAIC BLANKS (E) WORKING GROUP

FINRA E-Learning Courses

File Number S ; Custody of Funds or Securities of Clients by Investment Advisers

For Release 6PM ET Wednesday, May 18, Methodology

RE: Uniform standards of conduct for brokerage and advisory service models File No. S ; File Number S Dear Chair Clayton and Mr.

12 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

INSURANCE INDUSTRY: Regulatory Issues October 21, Faith M. Williams. Bricker & Eckler LLP

While most broker-dealers and investment advisers know whether

Social Media and Public Communications: Helping You Get It Right (Advertising Track/B2BC) Monday, May 23 10:45 a.m. 11:45 a.m.

Overview of Defined Contribution Plan Design

Retirement Plan Fiduciary Best Practices Houston Compensation and Benefits Total Rewards Summit

CANNEX Industry/Company Update IIROC FAS Conference 2017 September 8,

Mitchell E. Nichter. San Francisco. Practice Areas. Senior Counsel, Corporate Department

Regulatory Notice 14-52

NCUA LETTER TO FEDERAL CREDIT UNIONS

Effective Investment Policy and Strategies

Following the Wisdom of the Crowd?

MANAGING FOR RESULTS: An Implementation Plan for the City of Portland

Designing Privacy Policies and Identifying Privacy Risks for Financial Institutions. June 2016

Insights for fiduciaries

Building a Risk Assessment Process from the Ground Up

Updates and Trends within Professional Liability: Financial Services

Transcription:

Supervision of Distribution Discuss the challenges of staying ahead of the independent distribution sales model, supervision, and oversight Wednesday July 11, 2018 3:30 4:30pm AMERICAN COUNCIL OF LIFE INSURERS acli.com

Speakers: Beth Haddock - President, Warburton Advisers Sarah Jarvis Assistant Vice President Compliance, Pacific Life Insurance Company Cara St. Martin Senior Compliance Director & Chief Compliance Officer of Registered Separate Accounts, Allianz Life Insurance Company of North America Moderator: Cliff Hagler Founder & Chief Executive Officer, Aquilan Technologies AMERICAN COUNCIL OF LIFE INSURERS acli.com 2

Today we will be using SLIDO to collect questions and allow you to express your opinion in live polls. You can now take out your phones, and follow these simple instructions. AMERICAN COUNCIL OF LIFE INSURERS acli.com 3

Polling Instructions Open browser r Go to slido.com Enter event code: CL2018 AMERICAN COUNCIL OF LIFE INSURERS acli.com

Distribution Channels Career Agents Independent Agents Independent Broker Dealers Full Service Broker Dealers Banks Direct Response Others Results 0% 0% 0% 0% 0% 0% 0% Survey #1 Select all distribution channels of your company? AMERICAN COUNCIL OF LIFE INSURERS acli.com 5

Distribution Challenges Hot Topics Best Interest Standard of Care Client File Content Social Media Privacy, Data Protection, and Cybersecurity Non-Cash Compensation Replacements Supervision & Oversight AMERICAN COUNCIL OF LIFE INSURERS acli.com 6

Best Interest Standard of Care An Umbrella Covering: Suitability COI Disclosure Training Compensation Oversight/supervision AMERICAN COUNCIL OF LIFE INSURERS acli.com 7

Best Interest Standard of Care - Department of Labor (DOL) Timeline Oct. 2010: DOL proposes rule July 2011: Congress opposes Sept. 2011: DOL withdraws Feb. 2015: President Obama tasks DOL with developing a fiduciary rule Apr. 2015: DOL Version 2 June 2017: DOL becomes effective Feb. 2017: President Trump directs Labor Department to review the DOL Rule AMERICAN COUNCIL OF LIFE INSURERS acli.com 8 Apr. 2017: DOL signs 60-day delay Aug. 2017: OMB approves DOL delay through rulemaking of 18 months Mar. 15, 2018: DOL Rule struck down by the 5th Circuit Apr. 26, 2018: AARP and AGs of NY, Oregon and CA ask the 5th Circuit for permission to challenge the decision to vacate May 2, 2018: Motion is denied May 16, 2018: Request to reconsider

Best Interest Standard of Care Survey #2 Do you think there should be a uniform Best Interest Standard of Care? Yes / No Results Yes 0% No - 0% AMERICAN COUNCIL OF LIFE INSURERS acli.com 9

Best Interest Standard of Care The Genie is out of the bottle and there is no recorking Regulatory expectation of greater: Transparency Oversight Training Disclosure Documentation Many proposed rules: NY 187, SEC, NAIC AMERICAN COUNCIL OF LIFE INSURERS acli.com 10

Non-Cash Compensation Survey #3 Should all industry non-cash compensation be restricted as it is for variable products governed by FINRA? Results Yes 0% No - 0% Y / N AMERICAN COUNCIL OF LIFE INSURERS acli.com 11

Non-Cash Compensation Trips and prizes: Provided by both insurers and marketing, Rules and Regulations Regulators have scrutinized: Conflicts of Interest, Disclosure Issues, and Compensation that is not reasonable. AMERICAN COUNCIL OF LIFE INSURERS acli.com 12

Client File Content Educate producers on what they need to maintain in their client files: Required content Recommended content Prohibited content Regulators are asking for this documentation (KS and CA) Looking for evidence of Best Interest and rationale for recommendation AMERICAN COUNCIL OF LIFE INSURERS acli.com 13

Social Media Summary - Including: - Remote Supervision, - NAIC Guidance. Survey #4 Does your company prohibit the use of Social Media? Y / N Results Yes 0% No - 0% AMERICAN COUNCIL OF LIFE INSURERS acli.com 14

Social Media Regulatory Expectations: Advertising, Correspondence, Dynamic & Static Methods Preparation: Training, Conduct Guidelines, Disclosures, Review & Archiving Supervision: Sharing Posts, Designate Spokesperson, Trust but Verify. AMERICAN COUNCIL OF LIFE INSURERS acli.com 15

Privacy, Data Protection, and Cybersecurity Survey #5 Has there been a data breach at your company? Results Yes 0% No - 0% Y / N AMERICAN COUNCIL OF LIFE INSURERS acli.com 16

Privacy, Data Protection, and Cybersecurity Summary - including GDPR, Incident/Breach Protocols, Regulatory Expectations Data Mapping, Access Controls, Information Security, Accountable Point Person, Breach / Incident Handling AMERICAN COUNCIL OF LIFE INSURERS acli.com 17

Privacy, Data Protection, and Cybersecurity Preparation Training, Minimize Remote Access to PII & Sensitive Information Categorize, Encrypt, & Use Databases, Understand (or get help) phishing, inadvertent disclosure, cyber breach, incident vs breach under state reporting laws, Data License Agreements Understand limit to use derived vs. raw data sharing. AMERICAN COUNCIL OF LIFE INSURERS acli.com 18

Privacy, Data Protection, and Cybersecurity Supervision Practice Cybersecurity Drills, Adopt Needto-Know Approach Eliminate or Minimize Risk with Work Flow, Involve Many Stakeholders in Policies, and Audit. AMERICAN COUNCIL OF LIFE INSURERS acli.com 19

Replacements Survey #6 Who makes the ultimate decision as to whether the replacement of a life insurance policy or annuity contract is suitable for or in the best interest of the customer? Results: Client / Purchaser 0% Producer / Financial Rep - 0% Insurance Company - 0% AMERICAN COUNCIL OF LIFE INSURERS acli.com 20

Replacements The subject of the NAIC Model and related state laws since 1970, with the stated purpose of assuring that the purchaser receives information with which a decision can be made in his or her own best interest. AMERICAN COUNCIL OF LIFE INSURERS acli.com 21

Replacements Regulatory structure puts the burden on both the producer and the insured. Insurers required to: Maintain a system of supervision and control, Have the capacity to monitor each producer s life and annuity replacements for that insurer, Maintain records of required notification forms and illustration. AMERICAN COUNCIL OF LIFE INSURERS acli.com 22

Supervision & Oversight Training & Education Policies & Procedures Monitoring & Surveillance AMERICAN COUNCIL OF LIFE INSURERS acli.com 23

Thank You Beth Haddock - Warburton Advisers Sarah Jarvis Pacific Life Insurance Company Cara St. Martin Allianz Life Insurance Company of North America Cliff Hagler Aquilan Technologies AMERICAN COUNCIL OF LIFE INSURERS acli.com 24