When Selling Annuities Becomes Investment Advice: A Guide for Insurance Providers
May 6, 2026 by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
For insurance companies and agents, the distinction between selling annuities and providing investment advice can blur unexpectedly. When annuity sales involve discussions about a client’s securities portfolio or recommendations to liquidate investments to fund purchases, agents may inadvertently trigger investment adviser registration requirements. Understanding the regulatory boundaries is essential for insurance providers selling annuities. Approximately one-third of states have issued bulletins, enforcement actions, or interpretive opinions addressing this issue.