Key Takeaways

  • Montana requires suitability analysis before recommending annuity products
  • Annuity contracts must include a free look period for consumer review
  • Montana follows NAIC Suitability in Annuity Transactions Model Regulation
  • Replacement transactions require detailed disclosure and comparison
  • Annuities have a 2-year incontestability period
Last updated: January 2026

Montana Annuity Regulations

Montana has adopted comprehensive annuity regulations to protect consumers from unsuitable sales and deceptive practices.

Suitability Requirements

Montana follows the NAIC Suitability in Annuity Transactions Model Regulation:

Producer Duties

Before recommending an annuity, the producer must:

  1. Make reasonable efforts to obtain customer information
  2. Analyze whether the recommendation is suitable
  3. Document the basis for the recommendation
  4. Disclose all material information about the product

Required Information

CategoryInformation Required
Financial StatusIncome, liquid assets, financial needs
Tax StatusTax bracket, qualified vs. non-qualified funds
Investment ObjectivesGoals, time horizon, risk tolerance
Existing CoverageCurrent annuities and life insurance
Liquidity NeedsExpected need for funds

Annuity Incontestability

Montana law provides for annuity incontestability under MCA 33-20, Section 688A.200 equivalent:

  • Contract incontestable after 2 years from issue
  • Cannot be contested except for nonpayment
  • Protections similar to life insurance policies

Free Look Period

Montana provides a free look period for annuity contracts:

  • Buyer can return for full premium refund
  • No penalty for exercising free look
  • Period begins when contract is delivered

Surrender Charge Disclosures

Montana requires clear disclosure of surrender charges:

RequirementDetails
DisclosureMust clearly explain in writing
ScheduleMust provide surrender charge schedule
Free WithdrawalMust explain any penalty-free access
Test Your Knowledge

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