(a) Before the recommendation or sale of an annuity, an agent must provide to the consumer a form that meets the requirements of Insurance Code §1115.0514(b), concerning Disclosure Obligation. The agent must use:
  (1) form FIN194 (07/21), which is adopted by reference and is available on the department's form website;
  (2) the Insurance Agent (Producer) Disclosure for Annuities form, adopted by the National Association of Insurance Commissioners (NAIC) in the Suitability in Annuity Transactions Model Regulation; or
  (3) another form that:
    (A) meets the requirements of Insurance Code §1115.0514(b) and is substantially similar to the form specified in paragraph (2) of this subsection;
    (B) is understandable to a person with an 8th-grade reading level; and
    (C) is written in plain language, consistent with federal plain language recommendations from the Plain Language Action and Information Network.
(b) If, at the time of a recommendation or sale of an annuity, a consumer has not given an agent some or all of the information needed to decide whether the annuity effectively meets the consumer's needs, the agent must obtain a statement signed by the consumer on a form that meets the requirements of Insurance Code §1115.0516(2), concerning Documentation Obligation. The agent must use:
  (1) form FIN195 (07/21), which is adopted by reference and is available on the department's form website;
  (2) the Consumer Refusal to Provide Information form, adopted by the NAIC in the Suitability in Annuity Transactions Model Regulation; or
  (3) another form that:
    (A) is substantially similar to the form specified in paragraph (2) of this subsection;
    (B) is understandable to a person with an 8th-grade reading level; and
    (C) is written in plain language, consistent with federal plain language recommendations from the Plain Language Action and Information Network.
(c) At the time of a recommendation or sale of an annuity, if a consumer decides to enter into an annuity transaction that is not based on the agent's recommendation, the agent must obtain a statement signed by the consumer that meets the requirements of Insurance Code §1115.0516(3). The agent must use:
  (1) form FIN196 (07/21), which is adopted by reference and is available on the department's form website;
  (2) the Consumer Decision to Purchase an Annuity Not Based on a Recommendation form, adopted by the NAIC in the Suitability in Annuity Transactions Model Regulation; or
  (3) another form that:
    (A) is substantially similar to the form specified in paragraph (2) of this subsection;
    (B) is understandable to a person with an 8th-grade reading level; and
    (C) is written in plain language, consistent with federal plain language recommendations from the Plain Language Action and Information Network.

Source Note: The provisions of this §4.2322 adopted to be effective November 7, 2021, 46 TexReg 7406; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250