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Regulatory Basis

The Obligation

The KYP obligation for segregated funds and annuities is set by insurance regulators and, for US variable annuities, by securities regulators too. The expectations are closer to the securities regime than many firms assume.

1
A National Standard for Segregated Funds
The CCIR/CISRO Segregated Funds Guidance, published November 2025

Segregated fund contracts - formally, individual variable insurance contracts (IVICs) - are life insurance contracts. Insurers and the advisors who sell them are supervised by provincial insurance regulators, coordinated nationally through the Canadian Council of Insurance Regulators (CCIR) and the Canadian Insurance Services Regulatory Organizations (CISRO). CIRO's KYP rules for securities don't apply to them.

On November 19, 2025, CCIR and CISRO published the CCIR/CISRO Segregated Funds Guidance, the first consolidated national set of expectations for insurers and intermediaries on the design, sale and servicing of these contracts. It is being adopted by each province and territory under its own regulatory regime.[1][2] It sets KYP-type expectations at three levels.

Insurers must identify the target customer group for each contract they issue, and maintain policies, procedures and controls to ensure the contract is likely to meet the expected characteristics, interests and needs of that group and delivers the reasonably expected benefits.[1] This is the insurance-sector counterpart of the firm-level product assessment in the securities regime, performed by the product's manufacturer.

Insurers must provide training material, in plain language and in a written or recorded format, reasonably designed to let intermediaries meet the guidance's expectations. It must cover the contract's characteristics and features and the structural choices available under it. The insurer must take reasonable steps to confirm that each intermediary has the necessary knowledge and expertise before selling, and must promptly update training when any material change is made to a contract and notify intermediaries of the update.[1]

The guidance contains an explicit know-your-product standard for the advisors who sell and service segregated fund contracts. Before selling, they must understand what the contract is, how it works and its risks, and the particulars of each contract they offer, including:[1]

  • "the guarantees offered under the IVIC and how such guarantees function";
  • "the impact of withdrawals on the guarantees";
  • the "initial and ongoing costs of acquiring, owning and surrendering" the contract;
  • the right to rescind the contract;
  • "conflicts of interest associated with the IVIC";
  • the overall complexity of the contract, and for each investment option, its objectives, potential volatility, time horizon and performance history.
Intermediaries must understand "the guarantees offered under the IVIC and how such guarantees function" and "the impact of withdrawals on the guarantees." CCIR/CISRO Segregated Funds Guidance, November 2025 [1]

Insurers must have controls reasonably designed to ensure intermediaries comply with the guidance and that customers are served by intermediaries who have completed the relevant training. The guidance's definition of distributing covers recruiting, screening, training, compensating or monitoring the intermediaries who sell the contracts, which brings managing general agencies and other distributors into scope.[1]

  • Deferred sales charges. In February 2022, CCIR and CISRO urged insurers to stop new DSC sales of segregated funds, in line with the securities-sector ban, with a complete transition by June 1, 2023.[3]
  • Total cost reporting. CCIR guidance adopted alongside the securities regulators' total cost reporting amendments requires annual reporting of the ongoing costs of segregated fund contracts, with the first enhanced reports covering the year ending December 31, 2026.[4]
Dual-licensed advisors and integrated firms. Where the same advisor offers both mutual funds and segregated fund contracts, two KYP regimes apply to two sets of products. A firm's securities KYP process under CIRO's Rule 3300 series[5] doesn't discharge the insurance-sector expectations, and the reverse is also true. Integrated firms should be able to show which process covers which product.
2
What US Readers Should Know Instead
Segregated funds are a Canadian product; the closest US equivalents are annuities, regulated two ways

There is no US segregated fund. The nearest equivalents are annuities: a variable annuity with a guaranteed death benefit or a living-benefit rider plays a similar role, and fixed and indexed annuities offer principal protection in a different form. How they are regulated for KYP purposes depends on whether the annuity is a security.

Variable annuities are registered securities as well as insurance contracts, so the securities-side product diligence applies. Reg BI's Care Obligation requires a broker-dealer to understand the potential risks, rewards and costs of what it recommends.[7] FINRA Rule 2330 adds specific requirements for deferred variable annuities, including written supervisory procedures and training:[6]

"Members shall develop and document specific training policies or programs reasonably designed to ensure that associated persons who effect and registered principals who review transactions in deferred variable annuities comply with the requirements of this Rule." FINRA Rule 2330(e) [6]

Fixed and fixed indexed annuities are regulated by state insurance departments. The National Association of Insurance Commissioners' Suitability in Annuity Transactions Model Regulation (#275), which each state adopts under its own law, contains two product-knowledge requirements:[8]

"A producer shall not solicit the sale of an annuity product unless the producer has adequate knowledge of the product to recommend the annuity." NAIC Model Regulation #275, Section 7A [8]
"The insurer shall provide product-specific training and training materials which explain all material features of its annuity products to its producers." NAIC Model Regulation #275, Section 6C [8]
Product Regulator Product-Knowledge Standard Training Obligation
Canadian segregated fund contract Provincial insurance regulators (CCIR / CISRO) Intermediary know-your-product expectations in the Segregated Funds Guidance Insurer provides training, confirms intermediary knowledge, updates on material change
US variable annuity SEC, FINRA and state insurance regulators Reg BI Care Obligation: understand risks, rewards and costs FINRA Rule 2330(e) training programs for representatives and principals
US fixed or indexed annuity State insurance regulators (NAIC model) Adequate knowledge of the product before soliciting (Model #275, Section 7A) Insurer provides product-specific training and materials (Section 6C)

The common thread is that the manufacturer - the insurer - carries an explicit training duty that has no direct counterpart for mutual fund manufacturers. Distributing firms can rely on that training as an input, but not as a substitute for their own understanding of the products they choose to offer.

Diligence

The Assessment

What makes these products different from the funds they resemble is the insurance layer: guarantees, riders, surrender terms and the costs attached to them. That's where the product assessment has to go deepest.

1
Segregated Fund Contracts
The features a KYP assessment of a segregated fund contract should capture

The table below maps common contract features to the questions a KYP assessment should answer. Features vary by insurer and contract; the assessment should work from the contract's information folder and policy terms, not a generic description.

Feature What to Understand
Maturity guarantee The percentage of deposits guaranteed at maturity, the maturity date, and how the guarantee is calculated when deposits are made at different times
Death benefit guarantee The guaranteed percentage on death, any age limits, and how the benefit is paid
Resets Whether guarantees can be reset to a higher market value, whether resets are automatic or elected, and whether a reset restarts the maturity period
Guarantee levels and series The different guarantee combinations offered on the same contract and how their costs differ
Withdrawals How withdrawals reduce the guarantees - for example, proportionally to the market value withdrawn - and any withdrawal fees
Costs Management expense ratio including the insurance fee for the guarantees, any separate guarantee fees, sales and surrender charges, and how each affects returns
Investment options For each fund option: objectives, underlying fund or manager, potential volatility, time horizon and performance history
Insurance features Features that arise from the insurance structure, such as naming beneficiaries, and the conditions and limits on them
Rescission The contract holder's right to rescind, and its time limits
Compensation and conflicts How the advisor and distributor are paid under each sales charge option, and the conflicts that creates
2
Annuities
Different designs, each with its own features to assess
Annuity Type Key Features to Assess
Payout (income) annuity Payment basis (life, joint life, term), guarantee periods, indexation, the insurer's financial strength, and the irreversibility of the purchase
Fixed deferred annuity Guaranteed rate and its duration, renewal rate practices, surrender charge schedule, market value adjustments
Fixed indexed annuity Crediting method, caps, participation rates and spreads, how and when the insurer can change them, index choice, surrender schedule, rider costs
Variable annuity Sub-account options and their costs, mortality and expense charges, living and death benefit riders and their fees, how withdrawals affect rider values, surrender schedule

Two points recur across annuity types. First, many of the terms that drive returns - renewal rates, caps, participation rates - can be changed by the insurer after issue within contractual limits, so the assessment has to capture the limits as well as today's values. Second, the product depends on the insurer's ability to pay, so the insurer's financial strength is part of the product assessment, not a separate question.

3
Guarantees and Withdrawals
The feature the Canadian guidance singles out, and the one most often misunderstood

The guidance requires intermediaries to understand "the impact of withdrawals on the guarantees."[1] The reason is that withdrawals can reduce a guarantee by more than the amount withdrawn. The example below uses a hypothetical contract that reduces its guarantee in proportion to the market value withdrawn - a common approach, but not universal; each contract's terms decide.

Step Market Value 75% Maturity Guarantee
Deposit $100,000 $75,000
Market falls 20% $80,000 $75,000
Withdraw $20,000 (25% of market value) $60,000 $56,250 (reduced by 25%)

The $20,000 withdrawal reduced the guarantee by $18,750, which is close to the full amount withdrawn. Had the guarantee been reduced dollar-for-dollar instead, it would have fallen to $55,000. Neither is wrong; they are different product designs with different consequences, and an advisor offering the contract needs to know which one applies. Variable annuity living-benefit riders raise the same question, often with their own rules for withdrawals above a set annual amount.

Process

The Lifecycle

Three parties share the product knowledge for these products: the insurer that designs them, the firm or agency that decides which ones to distribute, and the advisor who sells them.

1
Approval and Training
Choosing which contracts to distribute, and making sure advisors understand them

In the KYP HubHow products are approved onto the shelf, whatever their type: Product Approval.

The insurer designs and trains; the distributing firm decides which insurers and contracts it offers. That decision is the insurance-side equivalent of shelf approval, and it deserves the same discipline: a documented assessment of each contract, not just an agency agreement with the insurer.

What the Firm Needs to Do
  • Assess before distributing. Document each contract's guarantees, withdrawal rules, costs, investment options, surrender terms and compensation, using the insurer's documents.
  • Assess the insurer. Include the insurer's financial strength, since the guarantees depend on it.
  • Use insurer training as an input. Confirm advisors have completed the insurer's training, and add the firm's own material where it falls short.
  • Separate the regimes. Keep insurance products in a KYP process built for them, distinct from the securities process.
  • Record compensation. Document how each sales charge option pays the advisor and the firm, and the conflicts it creates.
  • Restrict where warranted. Limit more complex contracts or riders to advisors with specific training.
What the Individual Advisor Needs to Do
  • Complete training first. Finish the insurer's product training, and any firm training, before offering the contract.[1][8]
  • Understand the guarantees. How each guarantee works, what it costs, and how withdrawals and resets affect it.
  • Understand the costs. Of acquiring, owning and surrendering the contract, including rider and guarantee fees.
  • Know each investment option. Its objectives, volatility, time horizon and track record.
  • Know the conflicts. How they are paid under each option.
  • Hold the right licences. Offer insurance products only under the insurance licence that covers them.
2
Monitoring
Contracts change after they are sold, and so does the insurer behind them

In the KYP HubHow monitoring rules, the engine and alerts work: Material Change. What happens when an alert fires: From Alert to Decision. When a change should reopen KYP: Material Change: When to Reopen a KYP Assessment. The same lifecycle for other security types: equities, mutual funds and ETFs, structured products, model portfolios and alternatives and private markets.

The Canadian guidance requires insurers to update training promptly when any material change is made to a contract and to notify intermediaries.[1] Distributing firms should not rely on that notice alone. Significant changes for these products typically include:

  • a change in fees, including insurance or guarantee fees, or rider charges;
  • a change in guarantee terms for new deposits, or a contract closed to new deposits;
  • closure, merger or substitution of an investment option, or a change in its manager;
  • changes to renewal rates, caps or participation rates on annuities;
  • a change in the insurer's financial strength or ownership;
  • updated training material issued by the insurer.
What the Firm Needs to Do
  • Track contract changes independently. From the insurer's filings and notices, not only its training updates.
  • Monitor investment options. Apply the same significant-change monitoring to fund options as to comparable funds on the securities shelf.
  • Monitor insurers. Track the financial strength of every insurer whose contracts the firm distributes.
  • Reassess and record. Document each significant change and whether the contract remains available.
  • Confirm retraining. Verify advisors complete updated insurer training after a material change.
What the Individual Advisor Needs to Do
  • Complete updated training. Promptly, when the insurer or firm issues it.
  • Keep contract knowledge current. Review notices of changes to fees, guarantees and options.
  • Respect availability changes. Stop offering contracts the firm has withdrawn or restricted.
  • Report what they see. Flag changes they learn of from insurers or clients that the firm may not have recorded.
3
Documentation
A written process for insurance product KYP at a distributing firm

In the KYP HubWhat the KYP file must show: KYP Documentation: What Your File Must Show. How supervision tests it: Supervising a KYP Program.

The example below shows what a distributing firm's written process might cover. It is illustrative; each firm's process should reflect its own business, its distribution arrangements and the requirements of each province or state where it operates.

Example: Written KYP Process for Segregated Funds and Annuities
Illustrative
1
Scope. Applies to all segregated fund contracts and annuities the firm distributes, including contracts held by clients that are no longer offered.
2
Ownership. The Insurance Products Committee, including a member from Compliance with insurance regulatory expertise, approves each insurer and contract. This process is separate from the firm's securities KYP process.
3
Contract assessment. Before distribution, the product analyst documents each contract's guarantees, withdrawal and reset rules, costs, surrender terms, investment options, rescission rights and compensation, with a worked example of how withdrawals affect the guarantee.
4
Insurer assessment. Each insurer's financial strength is assessed at approval and reviewed at least annually and on any rating change.
5
Training. Advisors may offer a contract only after completing the insurer's product training and the firm's contract summary acknowledgement. Contracts with living-benefit riders require additional firm training.
6
Monitoring. Contract terms, fees, investment options and insurer notices are reviewed monthly. Fund options are included in the firm's significant-change monitoring.
7
Response. Significant changes are assessed and recorded within five business days. The Committee decides any change in availability, and advisors are notified. Completion of updated insurer training is tracked for every affected advisor.
8
Records. Contract and insurer assessments, training completions, monitoring reviews, decisions and notifications are retained and linked to each contract.
Five Questions to Test Insurance Product KYP
  1. Does the firm have a KYP process for insurance products that is separate from, and as rigorous as, its securities process?
  2. Is every contract the firm distributes assessed by the firm, not only by the insurer?
  3. Can advisors explain, for each contract they offer, how withdrawals affect its guarantees?
  4. Does the firm verify that advisors complete insurer training before selling, and again after material changes?
  5. Is the financial strength of every insurer whose contracts the firm distributes monitored?
A note on scope: This paper covers product-knowledge expectations for segregated fund contracts and annuities under regulatory guidance in Canada and the United States as of its publication date. Insurance regulation varies by province and state, and the CCIR/CISRO guidance applies as adopted in each jurisdiction. This paper does not address decisions about individual clients. It is general information, not legal or compliance advice. The feature tables, withdrawal example and example process are illustrations, not prescribed requirements; the example contract is hypothetical. Where guidance and rules are quoted, the quotation is from the source cited.
References
  1. Canadian Council of Insurance Regulators and Canadian Insurance Services Regulatory Organizations. CCIR/CISRO Segregated Funds Guidance, November 2025. Chapters on designing IVICs, training, intermediary knowledge of the product, and oversight. Source document
  2. CCIR and CISRO. Canadian Insurance Regulators Publish National Consolidated Segregated Funds Guidance, news release, November 19, 2025. Source document
  3. CCIR and CISRO. Statement on Deferred Sales Charges and Upfront Commissions in Segregated Fund Sales, February 10, 2022. Source document
  4. Ontario Securities Commission. Canadian financial regulators enhance cost reporting requirements for investment funds and individual segregated fund contracts. Source document
  5. CIRO. Investment Dealer and Partially Consolidated Rules, Rule 3300 series (Product Due Diligence and Know-Your-Product). Source document (PDF)
  6. FINRA. FINRA Rules, Rule 2330 (Members' Responsibilities Regarding Deferred Variable Annuities). Source document
  7. U.S. Securities and Exchange Commission. Regulation Best Interest: A Small Entity Compliance Guide. Source document
  8. National Association of Insurance Commissioners. Suitability in Annuity Transactions Model Regulation (#275), as revised 2020, Sections 6C and 7A. Source document