(a)        Where the application for an annuity contract is taken in a face-to-face meeting, the applicant, at or before the time of application, shall be given both the disclosure document described in N.C. Gen. Stat. § 58-60-140 and a copy of the buyer’s guide.

(b)        Where the application for an annuity contract is taken by means other than in a face-to-face meeting, the applicant shall be sent both the disclosure document and the buyer’s guide no later than five business days after the completed application is received by the insurer.

(1)        With respect to an application received as a result of a direct solicitation through the mail:

a.         Providing a buyer’s guide in a mailing inviting prospective applicants to apply for an annuity contract shall be deemed to satisfy the requirement that the buyer’s guide be provided no later than five business days after receipt of the application.

b.         Providing a disclosure document in a mailing inviting a prospective applicant to apply for an annuity contract shall be deemed to satisfy the requirement that the disclosure document be provided no later than five business days after receipt of the application.

(2)        With respect to an application received via the Internet:

a.         Taking reasonable steps to make the buyer’s guide available for viewing and printing on the insurer’s Web site shall be deemed to satisfy the requirement that the buyer’s guide be provided no later than five business days after receipt of the application.

b.         Taking reasonable steps to make the disclosure document available for viewing and printing on the insurer’s Web site shall be deemed to satisfy the requirement that the disclosure document be provided no later than five business days after receipt of the application.

(3)        A solicitation for an annuity contract provided in other than a face-to-face meeting shall include a statement that the proposed applicant may contact the Department for a free annuity buyer’s guide. In lieu of the foregoing statement, an insurer may include a statement that the prospective applicant may contact the insurer for a free annuity buyer’s guide.

(c)        Where the buyer’s guide and disclosure document are not provided at or before the time of application, a free-look period of no less than 15 days shall be provided for the applicant to return the annuity contract without penalty. This free-look period shall run concurrently with any other free-look period provided under State law or regulation. (2005-234, s. 1.11.)