Understanding Premium Finance for Life Insurance

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Premium finance for life insurance is a complex topic, but breaking it down can make it more manageable.

Premium finance allows individuals to pay their life insurance premiums in installments, rather than upfront. This can be a huge relief for those who can't afford the full payment.

One common way to finance premiums is through a premium finance loan, which can be used to pay for insurance premiums over time. This type of loan can be secured by the life insurance policy itself.

By using premium finance, individuals can maintain their life insurance coverage while also managing their cash flow.

Consider reading: Daily Pay Cash Advance

What Is Premium Finance?

Premium finance is a loan that allows you to buy a life insurance policy without paying the full cost upfront. This type of financing is popular among high net worth individuals, business owners, and entrepreneurs who want to protect their assets and loved ones.

The loan is secured against the cash surrender value of the life insurance policy, meaning that you can borrow money against the policy's value. Most private banks and premium financing life insurance lenders offer loans that allow you to borrow between 80% and 90% of the policy's day one cash surrender value.

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You can choose how much you want to borrow against your policy, but be aware that lenders may have conditions and restrictions on the loan. For example, some private banks may require you to open a bank account, give them a personal guarantee, and invest in their wealth management services.

Life insurance premium financing can be used to pay for the majority of the cost of a life insurance policy, making it a cash flow efficient way for businesses to fund the life policies of critical people. This can provide the business with the protection it needs while also reducing the financial burden of paying the full cost of the policy upfront.

Here are some benefits of using life insurance premium financing:

  • Enhance wealth to your heirs and keep your legacy
  • Protect future heirs by insuring your life and paying estate taxes
  • Retain control of significant or illiquid assets, such as a concentrated stock position or real estate assets
  • Provide funds to sustain a business

Benefits of Premium Finance

Premium finance offers several benefits that can be a game-changer for those who qualify.

One of the main benefits is that it eliminates the need for a large upfront payment to the insurance company, making it easier to get the coverage you need without breaking the bank.

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Multiple insurance policies can be attached to a single premium finance contract, allowing for a single payment plan to cover all insurance coverage, which can be a huge relief for those with multiple policies.

The process is often transparent to the individual or company insured, with brokers handling the premium finance agreement and billing the policy holder as usual.

Premium finance allows clients to obtain needed coverage without liquidating other assets, which is a huge advantage for those who want to preserve their wealth.

By using premium finance, clients can avoid the opportunity cost of paying out of pocket, known as retained capital, which can be a significant amount of money.

Typically, clients who qualify for premium finance are between the ages of 29 and 75, have a net worth of $5 million or greater, and are business owners, entrepreneurs, or professionals looking to maximize wealth transfer and potential tax-free retirement.

Here are some key facts about premium finance:

  • Age: 29 to 75
  • Net Worth: $5MM or greater
  • Typical Client Profile: Business-owner, entrepreneur, professional
  • Desire: Retain capital whilst maximizing wealth transfer & potential tax-free retirement

Types of Premium Finance

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Premium finance offers a range of options for those looking to secure life insurance coverage without breaking the bank.

There are several types of premium finance arrangements, but traditional recourse premium finance is the most common and advantageous. This type of financing is typically used for estate liquidity needs and offers the best loan rates, fees, and spreads.

Non-recourse premium finance and hybrid premium finance are also available, but these options require cash investments as collateral, which may not be suitable for those with illiquid assets like real estate.

It's essential to have an attorney or premium finance platform review any documentation surrounding a premium finance transaction to ensure consistency and reliability.

Be cautious of programs that claim to offer non-recourse financing or "free insurance", as these may not be carrier-endorsed and can include hidden upfront fees.

Here are some key differences between traditional and non-recourse premium finance:

Most advisers are now using premium finance platforms to aid in case design, maintenance, and annual servicing, which can help mitigate any inherent risk.

Risks and Considerations

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The lender may have the right to call the loan at the end of the term, which can be a concern for borrowers.

Insurable interest is a concept that dates back to the English legal system, where people with no interest in the insured would take out life insurance contracts on others, such as a sea captain or a boxer.

Carrier credit rating risk is a significant factor, as financing terms are sensitive to the credit rating of the carrier holding the financed policy. If the carrier is downgraded, the lender may not pay additional premiums, requiring the borrower to post additional collateral or call the loan.

Crediting rate risk is another consideration, as carriers choose the crediting rate of in-force blocks of business at-will, and current crediting rates are not guaranteed. This means that any illustrated arbitrage in interest rates may not exist in the future.

A negative spread is also a risk, as premium financing may carry a negative spread for the client financing the premiums due to corporate debt yields being less than personal debt rates. Indexed Universal Life insurance may provide the policy the interest crediting needed to support the arbitrage, but this is not guaranteed.

Why Borrow?

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Borrowing to finance the cost of a high-value insurance policy can be a smart move. This approach allows you to increase insurance coverage without affecting your current cash flow.

The cost of premiums can be significant, but with a loan collateralized by the cash surrender value of the policy, you can spread out the payments. This can be especially beneficial if you have a large policy with a high cash value.

Tax efficiency is another advantage of borrowing to pay premiums. The funds borrowed to pay premiums and interest expenses are generally available free of gift taxes.

Here are four key benefits of borrowing to finance your insurance policy:

  • Increase insurance coverage without affecting your current cash flow
  • Avoid having to sell assets and potentially trigger a taxable event
  • Allow investments within the policy to grow free of income taxes
  • Gain access to liquidity at an interest rate that is often less expensive than a "policy loan"

Risks and Mitigation

The lender may have the right to call the loan at the end of the term, which is a common occurrence in premium financing loans with terms shorter than the life of the policy.

Insurable interest is a concept that dates back to the English legal system, where people would take out life insurance contracts on others for financial gain, often without any actual interest in the person's life.

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Carrier credit rating risk is a significant concern, as a carrier downgrade can lead to the lender choosing not to pay additional premiums, requiring the borrower to post additional collateral or call the loan.

Most premium financing arrangements are 100% collateralized, which means the client must post a Letter of Credit, securities, or other approved assets to satisfy the collateral requirement.

A decrease in the value of collateralized assets can force the client to liquidate positions to post additional collateral, highlighting the importance of monitoring collateral requirements.

Credit spread risk is a potential issue, as premium financing may carry a negative spread for the client financing the premiums, especially if the interest rate charged on the loan is higher than the rate of return earned on the cash value of the policy.

Crediting rate risk is another concern, as carriers can change the crediting rate of in-force blocks of business at will, potentially affecting the arbitrage between the policy crediting rate and the loan interest rate.

Personal guarantees are often required by lenders, which means the client promises to repay the premium finance loan, putting their personal assets at risk if they default on loan payments.

Related reading: Post 9/11 Payment Amont

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If the client stops making interest payments on the loan, the lender may cancel the policy, and the cash value will be used to repay the interest and capital owed.

If the client dies while still owing premium finance on the life policy, the death benefit will be used to repay the outstanding loan, and the remaining payout will pass to the beneficiaries.

Here are some key risks to consider when it comes to premium financing:

  • Credit spread risk
  • Crediting rate risk
  • Collateral risk
  • Personal guarantee risk
  • Loan repayment risk

Interest Rate Volatility

Interest Rate Volatility is a key risk to consider when it comes to life insurance premium financing. Interest rates can fluctuate, and if they rise, the total interest charge on your loan will increase.

Typical loan rates are pegged to 1 year LIBOR with a competitive spread of ~ 180 basis points, making most borrowing rates range from 2.5% to 6%, depending on the fluctuation of 1 year LIBOR + the fixed spread.

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If you can't afford to pay interest payments, you risk losing your insurance and being left with significant debt if the surrender value of the policy is less than the balance owed. This is a risk that lenders take into account during financial underwriting.

The reference rate in premium finance loans is usually a LIBOR linked rate, with the most common LIBOR rate for premium financing being one, three, and twelve-month LIBOR based on US interest rates – the US LIBOR rate.

A variable rate loan, which is the most common type of premium financing loan, has two parts: the margin charged by the lender and the interest rate reference rate. The interest rate reference rate is usually a LIBOR linked rate, which can fluctuate during the loan period.

Here's a rough breakdown of how interest rates can impact your loan:

It's worth noting that lenders can change the margin they charge at each review point of your loan, which is typically every year.

Loan Management and Repayment

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If you stop making interest payments on your life insurance premium financing loan, your lender may cancel your plan and use the policy's cash value to repay the interest and capital owed.

You can refinance an existing life insurance policy, but you'll need to provide your insurance company's name, the type of plan you have, your current cash value, and details about any existing loans.

To refinance, check with at least six private banks at least six months before the end of your loan term, as not all banks may be interested in refinancing life policies.

It's essential to review your life insurance policy while considering refinancing to ensure it's still suitable for you, as your wealth may have grown since taking out the plan.

Refinancing can help you secure a better interest rate, extend the term of your loan, unlock cash value, and move to a fixed interest rate offering the security of repayment amount.

Before refinancing, check for any early repayment charges on your existing loan to avoid unnecessary penalties.

To make the refinancing process smoother, work with your life insurance agent and inform your life insurer that you're planning to switch your finance to a new lender.

If this caught your attention, see: How to Shop for Term Life Insurance

Regulations and Compliance

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In the case of a sole proprietor, this form should be completed and executed by the sole proprietor. If you're a partnership, each partner must sign the form, and if you're a corporation, each officer, director, and owner of more than 10% of the outstanding shares of stock must sign it.

You'll also need to submit an investigative background report for each individual listed on the form. This report should be submitted directly to the Commissioner's office from the investigative firm.

To secure your license, you'll also need to deposit a bond or securities with the Commissioner. The bond amount is $25,000, and you can submit it on form GID-28, "Insurance Premium Finance Company's Bond." If you choose to deposit securities instead, you can invest in assets deemed eligible for deposit under O.C.G.A. § 33-12-3 and as described in O.C.G.A. § 33-11-5(3).

Here's a quick rundown of the required documents:

  • Form GID-23 (Biographical Questionnaire and Affidavit)
  • Investigative background report for each individual listed
  • Bond or securities deposit (minimum $25,000)

Licenses and Application Procedures

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To obtain a license as an Insurance Premium Finance Company, you'll need to follow a specific process. The application for an original license must be made on Form GID-21, and fees shall be remitted in accordance with O.C.G.A. § 33-8-1.

To give you a better idea, here are the specific requirements for the application process:

For original licenses, you'll need to submit a Form GID-23, which is a biographical questionnaire and affidavit. This form must be completed and executed by the sole proprietor, each partner, or each officer, director, and owner of more than 10% of the outstanding shares of stock, depending on the type of business organization.

You'll also need to submit an investigative background report for each individual listed on the form. This report should be submitted directly to the Commissioner's office from the investigative firm.

Separation and Preservation of Records

Separation and Preservation of Records is a crucial aspect of regulations and compliance. You must keep your insurance premium finance records separate from any other business.

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To ensure this, you should store your records in a way that prevents them from getting mixed up with other business documents. If you're a licensee, you'll need to keep your records organized and easily accessible.

Here are the key requirements for separating and preserving your records:

  • Keep your insurance premium finance records separate from any other business records.
  • Preserve every premium finance contract and all documents relating to it (and copies of all documents delivered to an insured) for at least three years after making the final entry in respect to any premium finance agreement.
  • Be prepared to bring your records to the Commissioner's Office for examination at any time, or allow the Commissioner or their representative to conduct an examination on your premises.

Notice to Insurer

Notifying your insurer of a premium finance agreement is a crucial step in maintaining compliance. Any licensee that enters into such an agreement must notify the insurer within twenty days of signing.

This notification is a requirement, not a suggestion. It's essential to stay on top of these details to avoid any potential issues.

In Georgia, for instance, Rule 120-2-21-.06 specifically states that the licensee must notify the insurer of the existence of the agreement within twenty days. This rule is in place to ensure transparency and accountability.

Failing to notify the insurer can lead to complications down the line. It's always better to err on the side of caution and double-check your compliance.

So, mark your calendars and make sure to notify your insurer within the specified timeframe.

Additional Costs and Fees

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Private banks charge a setup cost and annual fees for using their trust and offshore company services to buy and hold a universal life insurance policy.

These costs can vary greatly, so it's worth shopping around for the best deal.

A private bank review period is usually yearly, which means the interest rate margin will be fixed for each review period.

Premium finance companies are often more flexible and give you a choice of a trust company or allow you to use an existing trust arrangement.

They typically don't require a personal guarantee or asking you to manage assets in return for a loan.

The interest rate margin for a premium finance loan is expressed as a percentage of your loan value, for example, 1.23%.

For another approach, see: Interest Rate and Foreign Exchange

Aaron Osinski

Writer

Aaron Osinski is a versatile writer with a passion for crafting engaging content across various topics. With a keen eye for detail and a knack for storytelling, he has established himself as a reliable voice in the online publishing world. Aaron's areas of expertise include financial journalism, with a focus on personal finance and consumer advocacy.

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