Variable Annuities
The Securities and Exchange Commission describes variable annuities as follows:
"A variable annuity is a contract between you and an insurance company, under which you make a lump-sum payment or series of payments. In return, the insurer agrees to make periodic payments to you beginning immediately or at some future date. You can choose to invest your purchase payments in a range of investment options, which are typically mutual funds. The value of your account in a variable annuity will vary, depending on the performance of the investment options you have chosen.
Variable annuities also offer many of the features of other types of annuities. These include:
- Tax-deferred growth of earnings;
- A death benefit that will pay to your beneficiary the greater of your account value or a guaranteed minimum amount, such as your total purchase payments; and
- The option of receiving a stream of periodic payments for either a definite period, such as 20 years or an indefinite period, such as your lifetime or the life of your spouse. "
While annuities can be suitable for investors depending upon the type of annuity and the needs of the investor, there is a temptation for brokerage firms to sell this type of product because the commission schedule on annuities tends to be on the high end of the scale. In our securities fraud practice it is not uncommon to see that investors have been sold annuities that are not suitable for their needs often times making it difficult or impossible to meet immediate cash needs for health and living expenses.
Broker Fined and Suspended for Misrepresenting Variable Annuities
Posted by: Robert Rex
February 23, 2012
Lloyd T. Mincy Jr. , a stockbroker with Centaurus Financial Inc was recently fined $20,000 and suspended for nine months by FINRA (Financial Industry Regulatory Authority) for misrepresenting the guaranteed rates of return of variable annuities he sold to some of his customers.
Mincy told his customers that the annuities had guaranteed rates of return of 5-6%. Unfortunately this was not true and the customers did not learn that their expectations for guaranteed future income would not be met until some time after purchasing the products.
While the vast majority of stockbrokers are honest hard working people, there are some in the industry who will take advantage of the lack of knowledge of the inexperienced investor to make a sale that may generate extraordinary income for the broker, at the expense of the investor. Annuities tend to generate higher commmisions than many of the investment products available. We cannot determine Mincy's intentions from the FINRA filing and he may have just been negligent in fully understanding the product he was selling. Of course from the investor's standpoint, it matters little why.
Investors need to be very careful when buying products like annuities and to make certain they fully understand the details of how and when income payments will be made. In addition it is very important to fully understand the surrender costs, which can be high, should the investor have need to liquidate the annuity.
If you have a question about your brokerage account, call Bob Rex at 561 391 1900 or visit our website. We have been assisting investors recover losses for over 20 years.
MONEY MAG WARNS ON VARIABLE ANNUITIES
Posted by: Robert Rex
January 23, 2012
In a recent Money Magazine article, investors are warned that not all annuities are created equal and that investors should beware of guarantees that appear too good to be true. Following the 2008 crash, there has been a rush to purchase variable annuities, which essentially is a tax-deferred investment with insurance benefits.
The article warns that commissions are high and lifetime income benefits have been scaled back dramatically as a result of the worldwide economic downturn.
Here is a link to the article:
http://money.cnn.com/2012/01/17/pf/variable_annuities_best_money_moves.moneymag/index.htm?iid=EL
If you have questions about investments in your brokerage account, please give us a call at 561 391 1900 or visit our website at www.dmrslaw.com.
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