1. (a) The following requirements apply to all insurers either seeking or having authority to issue modified guaranteed annuities in this state.

2. (b) Licensing and approval to do business.

   1. (1)

      1. (A) No insurer shall deliver or issue for delivery modified guaranteed annuities within this state unless it is licensed or organized to do life insurance or annuity business in this state and, further, authorized to deliver or issue for delivery variable contracts.
      2. (B) The Insurance Commissioner must be satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state.
      3. (C) The commissioner shall consider, among other things, the:

3. (i) History and financial condition of the insurer;

   1. (ii) Character, responsibility, and fitness of the officers and directors of the insurer; and

      1. (iii) Law and regulation under which the company is authorized in the state of domicile to issue such annuities.

   2. (2)

      1. (A) If the insurer is a subsidiary of an admitted life insurance company or affiliated with such insurer by common management or ownership, it may, in the reasonable discretion of the commissioner, be deemed by him or her to have satisfied the provision of subdivision (b)(1) of this section if either the subsidiary or the admitted life company satisfies the provisions of subdivision (b)(1) of this section.
      2. (B) Insurers licensed and having a satisfactory record of doing business in this state for a period of at least three (3) years, and which also possess variable contract authority, may be deemed to have satisfied the commissioner with respect to subdivision (b)(1) of this section.

   3. (3)

      1. (A) Before any insurer shall deliver or issue for delivery modified guaranteed annuities within this state, it shall submit to the commissioner a general description of the kinds of annuities it intends to issue.

      2. (B) The following shall be submitted:

         1. (i) A copy of the current statutes and regulations of its state of domicile under which it is authorized to issue modified guaranteed annuities; and
         2. (ii) Biographical data with respect to officers and directors of the insurer on the NAIC uniform biographical data forms.
         3. (c) Use of sales materials.

   4. (1) An insurer authorized to sell modified guaranteed annuities in this state shall not use any sales material, advertising material, or descriptive literature or other materials of any kind in connection with the sale of modified guaranteed annuities in this state that is:

      1. (A) False;
      2. (B) Misleading;
      3. (C) Deceptive; or
      4. (D) Inaccurate.
   5. (2) Illustrations of benefits payable under any modified guaranteed annuity shall not include projections of past investment experience into the future or attempted predictions of future investment experience, except that assumed interest credits that are clearly identified as assumed or hypothetical may be used to illustrate possible levels of benefits.

   6. (3)

      1. (A) Before any insurer shall deliver or issue for delivery any modified guaranteed annuity contract in this state, such insurer shall file a copy of any prospectus or other sales material to be used in connection with the marketing of the insurer's modified guaranteed annuity contract.

      2. (B) The sales material must clearly illustrate that there can be both upward and downward adjustments due to the application of the market-value adjustment formula in determining nonforfeiture benefits.

         1. (d) Reports. Any insurer authorized to transact the business of modified guaranteed annuities in this state shall submit to the commissioner:
   7. (1) A separate account annual statement that shall include the business of its modified guaranteed annuities; and
   8. (2) Such additional information concerning its modified guaranteed annuity operations or separate accounts as the commissioner shall deem necessary.
4. (e) Authority of commissioner to disapprove. Any material required to be filed with and approved by the commissioner shall be subject to disapproval if at any time it is found by the commissioner not to comply with the standards established by this part.

Codification Notes: “NAIC” means National Association of Insurance Commissioners.