Key Takeaways
- FINRA Rule 2330 applies to variable annuity recommendations and exchanges.
- A principal must approve VA applications before transmission.
- Suitability depends on time horizon, tax deferral need, and liquidity needs.
- VAs inside IRAs are usually unsuitable due to redundant tax deferral.
- Exchanges require analysis of benefits lost and new surrender periods.
- Reg BI requires best-interest recommendations and clear documentation.
Variable Contract Suitability
FINRA Rule 2330 establishes specific suitability requirements for variable annuity recommendations. Understanding when variable contracts are appropriate—and when they are NOT—is essential for the Series 6 exam and for protecting investors.
FINRA Rule 2330 Overview
FINRA Rule 2330 (Members' Responsibilities Regarding Deferred Variable Annuities) requires:
- Reasonable belief that the customer has been informed of product features
- Reasonable basis to believe the customer would benefit from the product
- Principal approval before transmitting applications
- Surveillance procedures to detect problematic patterns
Scope: Rule 2330 applies to recommended purchases AND exchanges of deferred variable annuities.
Required Customer Information
Before recommending a variable annuity, representatives must make reasonable efforts to obtain:
| Information | Purpose |
|---|---|
| Age | Time horizon, penalty concerns |
| Annual Income | Ability to maintain premiums |
| Investment Experience | Understanding of market risk |
| Investment Objectives | Alignment with product features |
| Investment Time Horizon | Long-term suitability |
| Existing Assets | Overall financial picture |
| Risk Tolerance | Comfort with market fluctuations |
| Tax Status | Benefit from tax deferral |
| Liquidity Needs | Ability to tie up funds |
Key Product Features to Disclose
Customers must be informed of:
- Surrender charges and schedule
- Tax penalties for early withdrawal (10% before 59½)
- Fees and expenses (M&E, admin, subaccount, riders)
- Market risk to principal
- Mortality risk and insurance features
- Living and death benefit features
When Variable Annuities ARE Suitable
Variable annuities may be suitable for investors who:
| Characteristic | Why It Matters |
|---|---|
| Long time horizon (10+ years) | Time to ride out market cycles, past surrender period |
| Tax-deferred growth need | Already maxed out 401(k), IRA |
| Conservative income need | Want lifetime income option |
| Death benefit desire | Want principal protection for heirs |
| Risk tolerance | Can handle market fluctuations |
| No near-term liquidity needs | Won't need money during surrender period |
Ideal Variable Annuity Candidate
A 55-year-old investor who has maximized their 401(k) and IRA contributions, has a 15+ year time horizon before needing income, can tolerate market risk, and wants additional tax-deferred growth with lifetime income options.
When Variable Annuities Are NOT Suitable
Red Flags for Unsuitable Sales
| Red Flag | Why It's a Problem |
|---|---|
| Short time horizon (<7 years) | Surrender charges, no time to recover losses |
| Advanced age (70s-80s) | May not benefit from tax deferral, may need liquidity |
| Inside qualified account | Already tax-deferred, adds unnecessary fees |
| High liquidity needs | Surrender charges, 10% penalty |
| Low risk tolerance | Can't handle market fluctuations |
| Haven't maxed tax-advantaged accounts | Should use 401(k)/IRA first |
Variable Annuity in an IRA - Usually Unsuitable
Key Point: Placing a variable annuity inside an IRA or 401(k) is generally unsuitable because:
- The IRA already provides tax deferral
- Adding another layer of fees provides no tax benefit
- May be appropriate ONLY if specific insurance features are needed
Principal Review Requirements
FINRA Rule 2330 requires registered principal approval:
- Must occur before application is sent to insurance company
- No later than 7 business days after OSJ receives complete application
- Principal must determine reasonable basis for suitability
- Must document approval decision
Exchanges and Replacements
Variable annuity exchanges require heightened scrutiny because:
- New surrender period begins (losing progress on old contract)
- Loss of existing benefits (death benefit step-ups, guarantees)
- New fees may be higher
- Suitability concerns - was exchange truly in customer's interest?
Exchange Red Flags
| Warning Sign | Concern |
|---|---|
| Frequent exchanges | Churning for commissions |
| Similar products | No meaningful benefit to client |
| Loss of accumulated benefits | Stepped-up death benefit, living benefits |
| New surrender period | Resetting client's liquidity |
| Higher fees | No corresponding benefit |
1035 Exchange Considerations
When recommending a 1035 exchange, document:
- Why is the new product better for this client?
- What benefits are being surrendered?
- What is the cost comparison?
- Is the exchange in the client's best interest?
Regulation Best Interest (Reg BI)
In addition to Rule 2330, Reg BI requires:
| Obligation | Requirement |
|---|---|
| Disclosure | Disclose material facts about recommendation |
| Care | Exercise reasonable diligence, care, skill |
| Conflict Mitigation | Identify and address conflicts of interest |
| Compliance | Establish and enforce policies |
Reg BI Standard: Don't put your financial interests ahead of the customer's interests.
FINRA 2025 Enforcement Focus
According to FINRA's 2025 Annual Regulatory Oversight Report, common violations include:
- Unsuitable exchanges - Recommendations inconsistent with customer goals
- Inadequate supervision - Failing to review exchange patterns
- Insufficient alternatives analysis - Not considering lower-cost options
- Excessive switching - Multiple exchanges in short periods
Suitability Documentation
Best practices for documentation include:
- Customer investment profile (age, income, objectives, etc.)
- Explanation of recommendation rationale
- Comparison of alternatives considered
- Disclosure of fees and surrender charges
- Customer acknowledgment of disclosures
- Principal approval record
Key Exam Points
- Rule 2330 - Specific requirements for variable annuity suitability
- Principal approval required - Before sending application to insurer
- Exchanges require extra scrutiny - New surrender period, lost benefits
- VA in IRA usually unsuitable - Tax deferral already exists
- Age matters - Elderly clients may not benefit
- Document everything - Rationale, disclosures, approvals
- Reg BI applies - Best interest standard for retail customers
Under FINRA Rule 2330, when must a registered principal approve a variable annuity transaction?
Which situation would be LEAST suitable for a variable annuity recommendation?
A representative recommends that a client exchange their existing variable annuity for a new one. What concern should the principal consider during review?