<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 31.09.05.04" title_num="31" subtitle_num="09" chapter_num="05" heading="Duties of Insurance Producer.">
  <paragraph num="A.">
    <text>Signed Statement. An insurance producer who initiates an application for a life insurance policy or annuity contract shall submit to the insurer, with or as part of the application, a statement signed by both the applicant and the insurance producer as to whether the applicant has any existing life insurance policy or existing annuity contract.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Applicant Without Existing Life Insurance Policy or Existing Annuity Contract. If the applicant does not have an existing life insurance policy or existing annuity contract, the insurance producer's duties with respect to replacement are complete upon the fulfillment of the requirement in §A of this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Applicant With Existing Life Insurance Policy or Existing Annuity Contract.</text>
    <paragraph num="(1)">
      <text>If the applicant has an existing life insurance policy or existing annuity contract, the insurance producer shall present and, unless declined, read to the applicant, not later than at the time of taking the application, a notice regarding replacement in the form contained in Regulation .10 of this chapter or other substantially similar notice approved by the Commissioner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notwithstanding §C(1) of this regulation, approval is not required if amendments to the notice are limited to the omission of references not applicable to the product being sold or replaced.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The notice shall be signed by both the applicant and the insurance producer attesting that the notice has been:</text>
      <paragraph num="(a)">
        <text>Read aloud by the insurance producer or that the applicant did not wish the notice to be read aloud; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Left with the applicant.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Contents of Notice.</text>
    <paragraph num="(1)">
      <text>The notice shall include a:</text>
      <paragraph num="(a)">
        <text>List of each life insurance policy or annuity contract proposed to be replaced, properly identified by name of insurer, the insured or annuitant, and life insurance policy or annuity contract number if available; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Statement as to whether each life insurance policy or annuity contract will be replaced or whether a life insurance policy will be used as a source of financing for the new life insurance policy or annuity contract.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a life insurance policy or annuity contract number has not been issued by the existing insurer, alternative identification, such as an application or receipt number, shall be listed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Sales Material.</text>
    <paragraph num="(1)">
      <text>In connection with a replacement transaction, the insurance producer shall leave the original or a copy of all sales material with the applicant at the time an application for a new life insurance policy or annuity contract is completed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>With respect to electronically presented sales material, the insurance producer shall provide to the owner of a life insurance policy or annuity contract the original or a copy of all sales material in printed form not later than the time of delivery of the life insurance policy or annuity contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Provision of Information to the Insurer. Except as provided in Regulation .06D of this chapter, in connection with a replacement transaction, the insurance producer shall submit to the insurer to which an application for a life insurance policy or annuity contract is presented:</text>
    <paragraph num="(1)">
      <text>A copy of each document required by this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A statement identifying any preprinted or electronically presented insurer-approved sales materials used; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Copies of individualized sales materials, including illustrations related to the specific life insurance policy or annuity contract purchased.</text>
    </paragraph>
  </paragraph>
</regulation>