Common use of Supervisory Responsibilities Clause in Contracts

Supervisory Responsibilities. (a) Broker-Dealer shall have full responsibility for training and supervision of all Registered Representatives and all other persons associated with Broker-Dealer who are involved directly or indirectly in the offer or sale of the Registered Contracts, and to the extent required by SEC and/or FINRA, certain Non-Registered Contracts that are Qualified Contracts. All such persons shall be subject to the supervision and control of Broker-Dealer with respect to such persons' activities in connection with the sale of Registered Contracts and Qualified Contracts. Associated Insurance Agency shall have full responsibility for training and supervision of all Agents who are involved directly or indirectly in the offer or sale of the Contracts and for Agent's compliance with applicable state insurance laws. Broker-Dealer and Associated Insurance Agency shall be responsible for all acts and omissions of each Registered Representative or Agent, as applicable. PALAC and PAD shall not incur liability or have any responsibility for the supervision of Registered Representatives or Agents. (b) Before Registered Representatives begin soliciting sales of the Registered Contracts or Qualified Contracts, Broker-Dealer and Associated Insurance Agency must insure that the Registered Representatives are: (i) an associated person of Broker-Dealer; (ii) licensed, registered or otherwise qualified under applicable federal and state laws to engage in such activities and any applicable FINRA registration; (iii) trained in the sale of the such Contracts; and (iv) only soliciting sale of such Contracts in jurisdictions where PALAC has authorized such solicitations. (c) Before Registered Representatives or Agents engage in the sale of the Non-Registered Contracts, Broker-Dealer and Associated Insurance Agency must insure that such individuals are: (i) licensed or otherwise qualified under applicable state laws to engage in such activities; (ii) trained in the sale of such Contracts; and (iii) only soliciting sales of such Contracts in jurisdictions where PALAC has authorized such solicitations. (d) Broker-Dealer and Associated Insurance Agency are responsible for supervising and reviewing its Registered Representatives' use of sales literature and advertising and all other communications with the public related to the Contracts. With regard to Registered Contracts, no sales solicitation, including the delivery of supplemental sales literature or other materials, shall occur, be delivered to, or used with a prospective purchaser unless accompanied or preceded by the appropriate then current product prospectus, unless such material is not required to be so presented. (e) Broker-Dealer and Associated Insurance Agency shall establish rules and procedures as may be necessary to cause diligent supervision of the securities activities of Registered Representatives, employees and/or affiliated persons or organizations. Upon request by PALAC or PAD, Broker-Dealer and Associated Insurance Agency shall furnish in a timely fashion any records or other documentation evidencing such diligent supervision. (f) When properly authorized by a Contract owner, Broker-Dealer and Associated Insurance Agency shall execute any electronic or telephone transactions in accordance with the current procedures communicated by PALAC and as may be described in the prospectus(es) applicable to the Contracts. Broker-Dealer agrees that, in consideration for the electronic and telephone transaction privileges available under the Contracts, PALAC will not be liable for any loss incurred as a result of acting upon electronic or telephone instructions containing unauthorized, incorrect or incomplete information received from Broker-Dealer, Associated Insurance Agency, Registered Representatives or Agents. (g) In the event a Registered Representative or Agent performs any unauthorized, incorrect or incomplete transaction(s) with respect to a Contract(s), Broker-Dealer and/or Associated Insurance Agency shall bear sole responsibility for any and all financial liability resulting from such conduct, shall immediately notify PALAC in writing, and, in the case of unauthorized transactions, shall act to terminate the sales activities of such Registered Representative or Agent relating to the Contract(s). (h) In the event a Registered Representative, Agent or an other persons associated with Broker-Dealer who is involved in the sale or servicing of the Contracts fails to meet the Broker-Dealer's or Associated Insurance Agency's rules and standards, Broker-Dealer or Associated Insurance Agency, as the case may be, shall immediately notify PALAC in writing and shall terminate the sales or servicing activities of such person related to the Contracts.

Appears in 2 contracts

Sources: Insurance Products Sales Agreement (Prudential Annuities Life Assurance Corp Variable Account B), Insurance Products Sales Agreement (Prudential Annuities Life Assurance Corp Variable Account B)

Supervisory Responsibilities. (a) Broker-Dealer shall have full responsibility The BGA will be responsible for training the securities and supervision insurance training, supervision, control and conduct of all Registered Representatives its officers, directors, employees, agents and all other persons associated with Broker-Dealer who are involved directly or indirectly in the offer or sale of the Registered Contracts, and to the extent required by SEC and/or FINRA, certain Non-Registered Contracts that are Qualified Contracts. All such persons shall be subject to the supervision and control of Broker-Dealer with respect to such persons' activities representatives in connection with the solicitation, sale of Registered Contracts and Qualified Contracts. Associated Insurance Agency shall have full responsibility for training and supervision of all Agents who are involved directly or indirectly in the offer or sale servicing of the Policies and/or Contracts and for Agent's compliance with applicable state insurance lawsby the BGA through Independent Agents and/or ADL Retailers. The Broker-Dealer and Associated Insurance Agency shall be responsible for the General Agents will supervise its officers, directors, employees, agents and representatives to assure compliance with all acts applicable federal and omissions state laws and regulations (including without limitation, securities and insurance laws), NASD requirements and Equitable's Policies and Procedures in connection with the BGA's solicitation, sale and/or servicing of each Registered Representative or Agent, as applicable. PALAC Policies and PAD shall not incur liability or have any responsibility for the supervision of Registered Representatives or AgentsContracts hereunder. (b) Before Registered Representatives begin soliciting sales The BGA will also be responsible for the insurance training, supervision, control and conduct of all Independent Agents in connection with the solicitation, sale and servicing of the Registered Policies and/or Contracts or Qualified Contracts, Broker-Dealer by the BGA and Associated Insurance Agency must insure that the Registered Representatives are: (i) an associated person of Broker-Dealer; (ii) licensed, registered or otherwise qualified under will supervise all Independent Agents to assure compliance with all applicable federal and state laws to engage and regulations (including, without limitation, insurance laws) and Equitable's Policies and Procedures in such activities connection with the BGA's solicitation, sale and/or servicing of Policies and any applicable FINRA registration; (iii) trained in the sale of the such Contracts; and (iv) only soliciting sale of such Contracts in jurisdictions where PALAC has authorized such solicitationshereunder. (c) Before Registered Representatives or Agents engage in the sale of the Non-Registered Contracts, Broker-Dealer and Associated Insurance Agency must insure that such individuals are: (i) licensed or otherwise qualified under applicable state laws to engage in such activities; (ii) trained in the sale of such Contracts; and (iii) only soliciting sales of such Contracts in jurisdictions where PALAC has authorized such solicitations. (d) Broker-Dealer and Associated Insurance Agency are responsible for supervising and reviewing its Registered Representatives' use of sales literature and advertising and all other communications with the public related to the Contracts. With regard to Registered Contracts, no sales solicitation, including the delivery of supplemental sales literature or other materials, shall occur, be delivered to, or used with a prospective purchaser unless accompanied or preceded by the appropriate then current product prospectus, unless such material is not required to be so presented. (e) Broker-Dealer and Associated Insurance Agency shall establish rules and procedures as may be necessary to cause diligent supervision of the securities activities of Registered Representatives, employees and/or affiliated persons or organizations. Upon request by PALAC or PAD, Broker-Dealer and Associated Insurance Agency shall furnish in a timely fashion any records or other documentation evidencing such diligent supervision. (f) When properly authorized by a Contract owner, Broker-Dealer and Associated Insurance Agency shall execute any electronic or telephone transactions in accordance with the current procedures communicated by PALAC and as may be described in the prospectus(es) applicable to the Contracts. Broker-Dealer agrees that, in consideration for the electronic and telephone transaction privileges available under the Contracts, PALAC The BGA will not be liable responsible hereunder for any loss incurred as a result the securities or insurance training, supervision, control and conduct of acting upon electronic ADL Retailers or telephone instructions containing unauthorizedtheir officers, incorrect or incomplete information received from Broker-Dealerdirectors, Associated Insurance Agencyemployees, Registered Representatives or Agents. (g) In agents and representatives in connection with the event a Registered Representative or Agent performs any unauthorizedsolicitation, incorrect or incomplete transaction(s) with respect to a Contract(s), Broker-Dealer and/or Associated Insurance Agency shall bear sole responsibility for any sale and all financial liability resulting from such conduct, shall immediately notify PALAC in writing, and, in the case of unauthorized transactions, shall act to terminate the sales activities of such Registered Representative or Agent relating to the Contract(s). (h) In the event a Registered Representative, Agent or an other persons associated with Broker-Dealer who is involved in the sale or servicing of the Policies and/or Contracts fails to meet by the Broker-DealerBGA through ADL Retailers hereunder or for the compliance by ADL Retailers or their officers, directors, employees, agents and representatives with applicable federal and state laws and regulations, NASD requirements and Equitable's or Associated Insurance AgencyPolicies and Procedures in connection with the BGA's rules solicitation, sale and/or servicing of Policies and standardsContracts hereunder, Broker-Dealer or Associated Insurance Agency, as the case may be, shall immediately notify PALAC in writing and shall terminate the sales or servicing activities of such person related except to the Contractsextent of actions taken by an ADL Retailer and/or its officers, directors, employees, agents and representatives at the direction of or under the instruction of the BGA. Notwithstanding the foregoing, the BGA shall not solicit Applications or sell of service Policies or Contract through any ADL Retailer if the BGA has knowledge that such ADL Retailer or any of its officers, directors, employees, agents or representatives is not soliciting Applications or selling and/or servicing Policies or Contracts in compliance with applicable federal and state laws and regulations, NASD requirements and Equitable's Policies and Procedures.

Appears in 1 contract

Sources: Bga Sales Agreement (Separate Account Fp of Equitable Life Assur Soc of the Us)

Supervisory Responsibilities. (a) Broker-Dealer shall have full responsibility for training and supervision of all Registered Representatives and all other persons associated with Broker-Dealer who are involved directly or indirectly in the offer or sale of the Registered Contracts, and to the extent required by SEC and/or FINRANASD rules, certain Non-Registered Contracts that are Qualified Contracts. All such persons shall be subject to the supervision and control of Broker-Dealer with respect to such persons' activities in connection with the sale of Registered Contracts and Qualified Contracts. Associated Insurance Agency shall have full responsibility for training and supervision of all Agents who are involved directly or indirectly in the offer or sale of the Contracts and for Agent's compliance with applicable state insurance laws. Broker-Dealer and Associated Insurance Agency shall be responsible for all acts and omissions of each Registered Representative or Agent, as applicable. PALAC ASLAC and PAD ASM shall not incur liability or have any responsibility for the supervision of Registered Representatives or Agents. (b) Before Registered Representatives begin soliciting sales of the Registered Contracts or Qualified Contracts, Broker-Dealer and Associated Insurance Agency must insure that the Registered Representatives are: (i) an associated person of Broker-Dealer; (ii) licensed, registered or otherwise qualified under applicable federal and state laws to engage in such activities and any applicable FINRA NASD registration; (iii) trained in the sale of the such Contracts; and (iv) only soliciting sale of such Contracts in jurisdictions where PALAC ASLAC has authorized such solicitations. (c) Before Registered Representatives or Agents engage in the sale of the Non-Registered Contracts, Broker-Dealer and Associated Insurance Agency must insure that such individuals are: (i) licensed or otherwise qualified under applicable state laws to engage in such activities; (ii) trained in the sale of such Contracts; and (iii) only soliciting sales of such Contracts in jurisdictions where PALAC ASLAC has authorized such solicitations. (d) Broker-Dealer and Associated Insurance Agency are responsible for supervising and reviewing its Registered Representatives' use of sales literature and advertising and all other communications with the public related to the Contracts. With regard to Registered Contracts, no sales solicitation, including the delivery of supplemental sales literature or other materials, shall occur, be delivered to, or used with a prospective purchaser unless accompanied or preceded by the appropriate then current product prospectus, unless such material is not required to be so presented. (e) Broker-Dealer and Associated Insurance Agency shall establish rules and procedures as may be necessary to cause diligent supervision of the securities activities of Registered Representatives, employees and/or affiliated persons or organizations. Upon request by PALAC ASLAC or PADASM, Broker-Dealer and Associated Insurance Agency shall furnish in a timely fashion any records or other documentation evidencing such diligent supervision. (f) When properly authorized by a Contract owner, Broker-Dealer and Associated Insurance Agency shall execute any electronic or telephone transactions in accordance with the current procedures communicated by PALAC ASLAC and as may be described in the prospectus(es) applicable to the Contracts. Broker-Dealer agrees that, in consideration for the electronic and telephone transaction privileges available under the Contracts, PALAC ASLAC will not be liable for any loss incurred as a result of acting upon electronic or telephone instructions containing unauthorized, incorrect or incomplete information received from Broker-Dealer, Associated Insurance Agency, Registered Representatives or Agents. (g) In the event a Registered Representative or Agent performs any unauthorized, incorrect or incomplete transaction(s) with respect to a Contract(s), Broker-Dealer and/or Associated Insurance Agency shall bear sole responsibility for any and all financial liability resulting from such conduct, shall immediately notify PALAC ASLAC in writing, and, in the case of unauthorized transactions, shall act to terminate the sales activities of such Registered Representative or Agent relating to the Contract(s). (h) In the event a Registered Representative, Agent or an other persons associated with Broker-Dealer who is involved in the sale or servicing of the Contracts fails to meet the Broker-Dealer's or Associated Insurance Agency's rules and standards, Broker-Dealer or Associated Insurance Agency, as the case may be, shall immediately notify PALAC ASLAC in writing and shall terminate the sales or servicing activities of such person related to the Contracts.

Appears in 1 contract

Sources: Insurance Products Sales Agreement (American Skandia Life Assur Corp Var Acct B Cl 1 Sub Accts)