211 CMR 96.03 - Exemptions

Current through Register 1466, April 1, 2022

Unless otherwise specifically included, 211 CMR 96.00 shall not apply to recommendations or transactions involving:

(1) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to 211 CMR 96.00.
(2) Contracts used to fund:
(a) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(b) A plan described by the Internal Revenue Code (IRC), as amended, §§ 401(a), 401(k), 403(b), 408(k) or 408(p), if established or maintained by an employer;
(c) A government or church plan defined in IRC § 414, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under IRC § 457;
(d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(e) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(f) Formal prepaid funeral contracts.


211 CMR 96.03
Amended by Mass Register Issue 1316, eff. 7/1/2016.

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