Section 406-C:8 Disclosures.


   I. To avoid customer confusion and in addition to any other requisite disclosures, all advertising, promotional material, and solicitation, including telemarketing contacts in the case of life insurance and annuities, shall include a prominent disclosure that substantively states that a purchase of insurance:
      (a) Is not a deposit;
      (b) Is not insured by the Federal Deposit Insurance Corporation or any other agency or instrumentality of the federal government;
      (c) Is not guaranteed by the financial institution or an affiliate, unless the insurance is guaranteed by such financial institution or its affiliate in which case the nature of the guarantee and identity of the guarantor shall be disclosed; and
      (d) Where appropriate, involves investment risk, including potential loss of principal.
   II. At the time of sale, the financial institution shall also provide written disclosure of how to complain to the insurance department about problems in the sale or solicitation of an insurance product. Other than disclosing how to complain to the insurance department, a financial institution that does not accept insured deposits is not required to disclose items I(a) through (c) of this section.

Source. 1997, 223:3. 2000, 313:7, eff. Aug. 20, 2000.