A RILA is one of several types of annuity contracts offered by insurance companies. A RILA
The SEC proposed regulatory amendments to improve disclosure for Registered Index-Linked Annuities (RILAs) by requiring Form N-4 registration, enhancing transparency around bounded returns, and applying Rule 156 to prevent misleading sales literature—no fraud or charges were alleged.
The U.S. Securities and Exchange Commission proposed amendments to require RILAs to be registered on Form N-4, aligning their disclosure rules with those of variable annuities as mandated by Congress in 2022. The changes include tailoring the Key Information Table to highlight RILAs’ capped gains and loss protections, incorporating insights from investor testing to improve comprehension, and applying Rule 156 to prohibit materially misleading sales materials. No fraud, enforcement actions, or financial penalties are involved—this is a proactive regulatory reform to enhance transparency for complex annuity products.
The U.S. Securities and Exchange Commission proposed regulatory amendments to improve disclosure for Registered Index-Linked Annuities (RILAs) in response to a 2022 Congressional mandate under the Consolidated Appropriations Act. The proposal requires RILAs to be registered on Form N-4, the same form used for variable annuities, and updates the Key Information Table to clearly disclose bounded return structures, including caps on gains and downside protections. The SEC incorporated findings from qualitative and quantitative investor testing to ensure disclosures are understandable to retail investors, particularly regarding how participation rates and buffers affect returns. Rule 156 under the Securities Act of 1933 would be applied to RILA sales literature to prevent materially misleading statements. The proposal also standardizes filing rules and requires RILA issuers to pay fees in arrears via Form 24F-2, consistent with variable annuity practices. Additional enhancements to Form N-4 were proposed for all variable annuities offering index-linked options, informed by the SEC’s historical oversight and investor feedback. No fraud, enforcement actions, or financial penalties are involved; this is purely a disclosure and regulatory modernization initiative to increase transparency and investor protection.
Extracted insights
- agency Securities and Exchange Commission
- U.S. Securities And Exchange Commission proposed amendments to provide a tailored form to register the offerings of registered index-linked annuities
- Congress directed the Commission to adopt a registration form for RILAs
- Congress directed the Commission to engage in investor testing
- The Commission received feedback on individuals’ understanding of and views on RILA disclosure
- The Commission incorporated the results of that testing in the proposal
- The proposal would require insurance companies to register RILA offerings on Form N-4
- The proposal would amend Form N-4 to specifically address the features and risks of RILAs
- The proposal would permit RILA issuers to use the summary prospectus framework applicable to variable annuities
- The proposal would require RILA issuers to follow the same rules to update their registration statements
- The proposal would require RILA issuers to pay fees in arrears on Form 24F-2
- The proposal would apply rule 156 under the Securities Act of 1933 to RILA issuers
- The Commission proposed amendments that would apply to variable annuities registering on Form N-4
Warning: TT: undefined function: 32 FACT SHEET Registration for Index-Linked Annuities and Amendments to Form N-4 U.S. SECURITIES AND EXCHANGE COMMISSION PAGE 1 OF 2 Background A RILA is one of several types of annuity contracts offered by insurance companies. A RILA investor’s gains or losses are based on whether a selected benchmark, typically an index, goes up or down over a set period of time. These annuities also have a “bounded return structure,” meaning that they will usually limit an investor’s losses when the index goes down, but at the cost of limiting that investor’s gains when the index goes up. While the market for RILAs has grown in recent years, the Commission’s disclosure requirements are not currently tailored specifically to RILAs and their features. In 2022, Congress directed the Commission to adopt a registration form for RILAs and to design the form to ensure that a purchaser using the form receives the information necessary to make knowledgeable decisions. Congress also directed the Commission to engage in investor testing and to incorporate those results into the design of the form. Consistent with Congress’ mandate, the Commission received feedback on individuals’ understanding of and views on RILA disclosure through investor testing and incorporated the results of that testing in the proposal. Proposed Amendments Use of Form N-4 and Summary Prospectus for RILAs The proposal would require insurance companies to register RILA offerings on Form N-4, the form currently applicable to most variable annuities. The proposal would also amend Form N-4 to specifically address the features and risks of RILAs. For example, the proposal would amend the The Securities and Exchange Commission proposed amendments to provide a tailored form to register the offerings of registered index-linked annuities (RILAs). The rule and form amendments would: • Provide investors with disclosures tailored to RILAs; • Highlight key information about these complex products; and • Enhance the registration, disclosure, and advertising framework for RILAs. If adopted, this proposal would implement the requirements related to RILAs contained in Division AA, Title 1 of the Consolidated Appropriations Act, 2023, and incorporate the results of investor testing conducted by the Commission. FACT SHEET | Registration for Index-Linked Annuities and Amendments to Form N-4 U.S. SECURITIES AND EXCHANGE COMMISSION PAGE 2 OF 2 form’s “Key Information Table” (KIT) to highlight key features of RILAs that should be disclosed so that investors may determine if a RILA is an appropriate investment for them. The proposal would also permit RILA issuers to use the summary prospectus framework applicable to variable annuities. Updates to the Filing Rules The proposal would provide a consistent registration process for issuers on Form N-4 by requiring RILA issuers to follow the same rules to update their registration statements and to file prospectuses that apply to variable annuities. The proposal would also require RILA issuers to pay fees in arrears on Form 24F-2 to accommodate RILA registrations on Form N-4. Materially Misleading Statements in Sales Literature The proposal would apply rule 156 under the Securities Act of 1933 to RILA issuers. Rule 156 provides guidance as to when sales literature is materially misleading under the Federal securities laws. Form N-4 Amendments for Variable Annuities The Commission also proposed amendments that would apply to variable annuities registering on Form N-4. The amendments generally are designed to enhance disclosure in annuity contracts that offer both index-linked and variable options and are informed by the staff’s historical experience in administering Form N-4 and observations from relevant investor testing. Investor Testing The Commission received feedback through qualitative investor testing interviews and quantitative testing designed to assess whether the design of certain hypothetical RILA disclosure provided to participants affects their comprehension of the disclosed information. This feedback helped the Commission to identify areas of Form N-4 that the Commission is proposing to amend to help ensure that a purchaser receiving a RILA prospectus receives key information that is conveyed in terms that a purchaser is able to understand. The report outlining this feedback is available at https://www.sec.gov/files/rila-report-092023.pdf. Solicitation of Comments In addition to seeking comment on the proposal, the Commission invites retail investors to provide feedback on annuities generally and RILAs in particular by submitting a short Feedback Flyer, available at https://www.sec.gov/files/rules/proposed/2023/rila-feedback-flyer.pdf. Additional Information: Visit sec.gov to find more information about the proposed rulemaking and the full text of the proposing release. The public comment period will remain open for 60 days following publication of the release on sec.gov or 30 days following publication in the Federal Register, whichever period is longer.
FACT SHEET Registration for Index-Linked Annuities and Amendments to Form N-4 U.S. SECURITIES AND EXCHANGE COMMISSION PAGE 1 OF 2 Background A RILA is one of several types of annuity contracts offered by insurance companies. A RILA investor’s gains or losses are based on whether a selected benchmark, typically an index, goes up or down over a set period of time. These annuities also have a “bounded return structure,” meaning that they will usually limit an investor’s losses when the index goes down, but at the cost of limiting that investor’s gains when the index goes up. While the market for RILAs has grown in recent years, the Commission’s disclosure requirements are not currently tailored specifically to RILAs and their features. In 2022, Congress directed the Commission to adopt a registration form for RILAs and to design the form to ensure that a purchaser using the form receives the information necessary to make knowledgeable decisions. Congress also directed the Commission to engage in investor testing and to incorporate those results into the design of the form. Consistent with Congress’ mandate, the Commission received feedback on individuals’ understanding of and views on RILA disclosure through investor testing and incorporated the results of that testing in the proposal. Proposed Amendments Use of Form N-4 and Summary Prospectus for RILAs The proposal would require insurance companies to register RILA offerings on Form N-4, the form currently applicable to most variable annuities. The proposal would also amend Form N-4 to specifically address the features and risks of RILAs. For example, the proposal would amend the The Securities and Exchange Commission proposed amendments to provide a tailored form to register the offerings of registered index-linked annuities (RILAs). The rule and form amendments would: • Provide investors with disclosures tailored to RILAs; • Highlight key information about these complex products; and • Enhance the registration, disclosure, and advertising framework for RILAs. If adopted, this proposal would implement the requirements related to RILAs contained in Division AA, Title 1 of the Consolidated Appropriations Act, 2023, and incorporate the results of investor testing conducted by the Commission. FACT SHEET | Registration for Index-Linked Annuities and Amendments to Form N-4 U.S. SECURITIES AND EXCHANGE COMMISSION PAGE 2 OF 2 form’s “Key Information Table” (KIT) to highlight key features of RILAs that should be disclosed so that investors may determine if a RILA is an appropriate investment for them. The proposal would also permit RILA issuers to use the summary prospectus framework applicable to variable annuities. Updates to the Filing Rules The proposal would provide a consistent registration process for issuers on Form N-4 by requiring RILA issuers to follow the same rules to update their registration statements and to file prospectuses that apply to variable annuities. The proposal would also require RILA issuers to pay fees in arrears on Form 24F-2 to accommodate RILA registrations on Form N-4. Materially Misleading Statements in Sales Literature The proposal would apply rule 156 under the Securities Act of 1933 to RILA issuers. Rule 156 provides guidance as to when sales literature is materially misleading under the Federal securities laws. Form N-4 Amendments for Variable Annuities The Commission also proposed amendments that would apply to variable annuities registering on Form N-4. The amendments generally are designed to enhance disclosure in annuity contracts that offer both index-linked and variable options and are informed by the staff’s historical experience in administering Form N-4 and observations from relevant investor testing. Investor Testing The Commission received feedback through qualitative investor testing interviews and quantitative testing designed to assess whether the design of certain hypothetical RILA disclosure provided to participants affects their comprehension of the disclosed information. This feedback helped the Commission to identify areas of Form N-4 that the Commission is proposing to amend to help ensure that a purchaser receiving a RILA prospectus receives key information that is conveyed in terms that a purchaser is able to understand. The report outlining this feedback is available at https://www.sec.gov/files/rila-report-092023.pdf. Solicitation of Comments In addition to seeking comment on the proposal, the Commission invites retail investors to provide feedback on annuities generally and RILAs in particular by submitting a short Feedback Flyer, available at https://www.sec.gov/files/rules/proposed/2023/rila-feedback-flyer.pdf. Additional Information: Visit sec.gov to find more information about the proposed rulemaking and the full text of the proposing release. The public comment period will remain open for 60 days following publication of the release on sec.gov or 30 days following publication in the Federal Register, whichever period is longer. Background Proposed Amendments Additional Information: