Sec. 1115.0516. DOCUMENTATION OBLIGATION. At the time of the recommendation or sale, an agent shall:
(1) make a written record of the recommendation and the basis for the recommendation;
(2) if applicable, obtain a statement signed by the consumer on a form prescribed by the commissioner by rule that is substantially similar to the National Association of Insurance Commissioners Consumer Refusal to Provide Information form documenting:
(A) a consumer's refusal to provide consumer profile information; and
(B) a consumer's understanding of the ramifications of failing to provide consumer profile information or providing insufficient consumer profile information; and
(3) if a consumer decides to enter into an annuity transaction that is not based on the agent's recommendation, obtain a statement signed by the consumer on a form prescribed by the commissioner by rule that is substantially similar to the National Association of Insurance Commissioners Consumer Decision to Purchase an Annuity Not Based on a Recommendation, acknowledging that the annuity transaction is not recommended.
Added by Acts 2021, 87th Leg., R.S., Ch. 262 (H.B. 1777), Sec. 9, eff. September 1, 2021.
Structure Texas Statutes
Title 7 - Life Insurance and Annuities
Subtitle A - Life Insurance in General
Chapter 1115 - Suitability of Certain Annuity Transactions
Subchapter B. Duties of Insurers and Agents
Section 1115.0505. Agents Exercising Material Control
Section 1115.0506. Transactions Not Based on Recommendation; Certain Exemptions From Subchapter
Section 1115.0507. Insurer Obligations
Section 1115.0508. Additional Licensure Not Required
Section 1115.051. Best-Interest Obligation
Section 1115.0513. Care Obligation
Section 1115.0514. Disclosure Obligation
Section 1115.0515. Conflict of Interest Obligation
Section 1115.0516. Documentation Obligation
Section 1115.052. Supervision System
Section 1115.0521. Prohibited Practices
Section 1115.053. Certification Requirements