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Series 63: Regulation of Securities & Issuers
Series 63 practice questionhardHard: Security Exclusion Scenario

A fixed indexed annuity is issued by an insurance company authorized to do business in State Q. The contract guarantees principal and credits interest using an equity-index formula. Under the USA, is the contract a security?

  1. AYes, because any return tied to an equity index makes an annuity a security
  2. BYes, because all annuities are securities
  3. CNo, because the described contract is a fixed insurance annuity✓ Correct answer
  4. DNo, but only if the insurer is not publicly traded
Explanation

Why CNo, because the described contract is a fixed insurance annuity

The described contract is a fixed indexed annuity with insurer-guaranteed principal, so it is treated as a fixed insurance annuity and excluded from the USA security definition. Variable annuities and registered index-linked annuities are different products and are securities.

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