Variable Universal Life Insurance - Regulation of VUL Providers

Regulation of VUL Providers

Because the separate accounts are securities, the representative providing a VUL must be working in accordance with the securities regulations of the country or province in which he operates. And because they are life insurance policies, VULs may only be sold by representatives who are properly licensed to sell life insurance in the areas in which they operate. The insurance company providing the policy must also be licensed as an "insurer."

This dual regulation helps protect consumers, who can look up the track record of offenses of any provider listed by the regulating SRO (Self Regulatory Organization) or provincial securities commission.

1. United States. VULs may only be sold in the United States by representatives who have a "producers" life insurance license in the state(s) in which he operates. The insurance company providing the policy must also be licensed in the state(s) as an "insurer." Because the separate accounts are securities, the representative must be working through a broker/dealer registered with the United States' SRO, the Financial Industry Regulatory Authority (FINRA) and himself be registered with FINRA. (FINRA has an online database an investor can use to look up offenses and regulatory actions of any broker or broker/dealer.) The fact of a representative's securities registration will show on his state insurance license as "Variable" as in "qualified for Life and Variable Products." (The exact wording could vary from state to state.)
2. Canada. VULs, as life insurance policies, may only be sold in Canada by life insurance-licensed representatives registered with the insurance regulator in their provincial jurisdiction. Representatives must comply with the life insurance regulations of their respective province (typically, a provincial "Insurance Act"). And, as VULs are life insurance policies, providers must comply with the national life insurance regulations ("Insurance Companies Act") established by The Office of the Superintendent of Financial Institutions (OSFI). Since VULs are presently not considered to be securities in Canada, they are subject to lighter regulatory scrutiny than typical securities products. In Canada, there is no real differentiation between universal life and variable universal life.mkj

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