§ 405:44-f — Disclosure Statement

I. In addition to those records and reports which the commissioner may require pursuant to title XXXVII, any person, corporation, partnership or association subject to the provisions of this subdivision shall provide to current and prospective clients a written disclosure statement containing information relative to his or its background and business practices. The written disclosure statement shall include information concerning all of the following:
(a) The types of clients serviced by the insurance consultant.
(b) The nature and cost of services provided.
(c) The methods of analysis, sources of information and investment strategies utilized.
(d) The educational background of the insurance consultant and his employees or associates and the business standards to which he adheres.
(e) Any other business activities or professions in which the insurance consultant is engaged.
(f) Any ownership interest the insurance consultant may have in entities offering products which may be recommended by the insurance consultant.
(g) Whether there are any sales fees and commissions which the insurance consultant may receive for recommending particular insurance products to clients.
(h) Any other information relative to the insurance consultant's background and business practices which the commissioner deems appropriate.
II. The written disclosure statement shall be delivered to clients or prospective clients not less than 48 hours prior to the establishment of a written contract, or at the time the parties enter into the contract, if the client is afforded the right to terminate the contract, without penalty, within 5 business days after entering into it.

Legislative History

1986, 58:1, eff. July 1, 1986.