Key Takeaways

  • Colorado adopted the NAIC Suitability in Annuity Transactions Model Regulation requiring producers to act in the consumer's best interest
  • Producers must gather complete financial information before recommending an annuity, including income, assets, risk tolerance, and liquidity needs
  • Documentation of the suitability analysis must be maintained for at least 6 years under Colorado regulations
  • Insurers must establish supervision systems to ensure producer compliance with suitability requirements
  • Colorado applies the best interest standard to all annuity recommendations regardless of the producer's compensation method
Last updated: January 2026

Colorado Annuity Suitability Requirements

Colorado has adopted comprehensive annuity suitability regulations based on the NAIC Suitability in Annuity Transactions Model Regulation. These rules protect Colorado consumers from unsuitable annuity sales.

Best Interest Standard

Colorado requires annuity recommendations to meet a best interest standard:

Core Obligations

ObligationRequirement
Best InterestRecommendation must be in consumer's best interest
Care DutyExercise reasonable diligence, care, and skill
Disclosure DutyDisclose material conflicts of interest
Documentation DutyDocument basis for the recommendation

What "Best Interest" Means

The producer must:

  • Reasonably believe the recommendation is in the consumer's best interest
  • Have a reasonable basis for the recommendation
  • Consider the consumer's financial situation and needs
  • Not place their compensation interests ahead of the consumer

Exam Tip: Colorado's best interest standard applies to ALL annuity recommendations, not just those sold on commission. Fee-based advisors must also comply.

Required Consumer Information

Before recommending an annuity, the producer must gather:

Consumer Profile

CategoryInformation Required
AgeCurrent age and retirement status
Annual IncomeAll sources of income
Financial SituationAssets, savings, net worth
Tax StatusTax bracket, qualified/non-qualified funds
Financial ExperienceInvestment knowledge
Financial ObjectivesGoals for the annuity
Intended UsePurpose of the funds
Time HorizonWhen funds will be needed
Liquidity NeedsNeed for access to funds
Risk ToleranceWillingness to accept risk
Existing CoverageCurrent insurance and annuities

Documentation Requirements

Colorado requires thorough documentation of suitability:

What Must Be Documented

  • Consumer profile information gathered
  • Products considered
  • Why the recommendation was made
  • How the product meets consumer's needs
  • Any consumer concerns addressed

Colorado Records Retention

Record TypeRetention Period
Suitability analysis6 years
Consumer disclosures6 years
Transaction records6 years
Recommendation documentation6 years

Note: Colorado's 6-year retention requirement is longer than some states' 5-year requirement.

Consumer Refusal to Provide Information

If a consumer refuses to provide required information:

Required Steps

  1. Document which information was refused
  2. Inform consumer recommendation may not be suitable
  3. Obtain signed acknowledgment
  4. May proceed if consumer signs acknowledgment

Acknowledgment Must State

  • Consumer was advised of importance of information
  • Consumer chose not to provide information
  • Recommendation may not be in consumer's best interest
  • Consumer takes responsibility for decision

Insurer Supervision Requirements

Colorado insurers must establish supervision systems:

Supervision Duties

DutyRequirement
Written ProceduresPolicies for suitability compliance
TrainingTrain producers on requirements
Review SystemReview transactions for compliance
Corrective ActionTake action for violations
Record KeepingMaintain supervision records

Transaction Review

Insurers must review for:

  • Completeness of documentation
  • Appropriateness of recommendation
  • Red flags (churning, unsuitable products)
  • Producer compliance patterns

Penalties for Violations

Colorado DOI can impose penalties for suitability violations:

Penalty Structure

ViolationPotential Penalty
First offenseWarning, fine up to $1,000
Repeat offenseSuspension or revocation
Pattern of violationsLicense revocation
Consumer harmRequired restitution
Per violationFines vary by severity

Aggravating Factors

DOI considers:

  • Whether violation was intentional
  • Consumer harm caused
  • Producer's disciplinary history
  • Whether producer cooperated

Safe Harbor Provisions

Fiduciary Standards

Producers subject to fiduciary standards under:

  • SEC regulations (investment advisers)
  • DOL regulations (ERISA fiduciaries)

May satisfy Colorado requirements by meeting those standards, provided:

  • Fiduciary standard meets or exceeds Colorado's
  • Producer complies fully
  • Documentation is maintained

No Safe Harbor for Insurance-Only Producers

Insurance-only producers (not SEC or DOL registered) must fully comply with Colorado's suitability requirements.

Comparison with General Suitability

Old "Suitability"Colorado "Best Interest"
Product must be suitableProduct must be in best interest
Reasonable basisReasonable basis + care duty
Limited documentationExtensive documentation
Producer-focusedConsumer-focused

Exam Tip: Colorado's best interest standard is higher than the older "suitability" standard. Producers must demonstrate the recommendation genuinely serves the consumer's interests, not just that it's "suitable."

Test Your Knowledge

Under Colorado annuity suitability rules, what standard must producers meet?

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Test Your Knowledge

How long must Colorado producers retain annuity suitability documentation?

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Test Your Knowledge

Which of the following is NOT required information under Colorado annuity suitability rules?

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Test Your Knowledge

What must a producer do if a consumer refuses to provide required suitability information?

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Test Your Knowledge

Who has responsibility for supervising annuity suitability compliance in Colorado?

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