As filed with the Securities and Exchange Commission on August 11, 2023.
Registration File No. 811-04234
333-56969
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-6
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REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 |
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PRE-EFFECTIVE AMENDMENT NO. |
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POST-EFFECTIVE AMENDMENT NO. 42 |
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REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1940 |
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PRE-EFFECTIVE AMENDMENT NO |
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POST-EFFECTIVE AMENDMENT NO. 66 |
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Equitable America Variable Account L
(Exact Name of Trust)
Equitable Financial Life Insurance Company of America
(Name of Depositor)
525 Washington Blvd.
Jersey City, NJ 07310
(Address of Depositor’s Principal Executive Offices)
Depositor’s Telephone Number, including Area Code: 212-554-1234
SHANE DALY
Vice President and Associate General Counsel
Equitable Financial Life Insurance Company of America
525 Washington Blvd.
Jersey City, NJ 07310
(Name and Address of Agent for Service)
Please Send Copies of all Communications to:
DODIE C. KENT, ESQ.
Eversheds Sutherland (US) LLP
1114 Avenue of the Americas
New York, New York 10036-7703
Approximate date of Proposed Public Offering: It is proposed that this filing will become effective: (check appropriate box)
☒ immediately upon filing pursuant to
paragraph (b) of Rule 485.
☐ on __________ pursuant to paragraph (b) of
Rule 485.
☐ 60 days after filing pursuant to
paragraph (a)(1) of Rule 485.
☐ on __________ pursuant to paragraph (a)(1) of Rule 485.
Title of Securities Being Registered: Units of Interest in Separate Account Under Flexible Premium Variable Universal Life Insurance Policies.
Supplement dated August 11, 2023, to the Updating Summary Prospectus and Prospectus dated May 1, 2023, for MONY Custom Master variable annuity contracts issued by
Equitable Financial Life Insurance Company of America
Equitable America Variable Account A
Supplement dated August 11, 2023, to the Updating Summary Prospectus and Prospectus dated May 1, 2023, for MONY Custom Equity Master and MONY Equity Master variable universal life policies issued by
Equitable Financial Life Insurance Company of America
Equitable America Variable Account L
This Supplement amends certain information in your variable annuity contract (“Contract”) and variable universal life policy (“Policy”) prospectuses (the “Prospectus”). Please read this Supplement carefully and keep it with your Prospectus for future reference.
Important Notice Regarding the Reorganization of Several EQ Premier VIP Trust Portfolios
The Board of Trustees of the EQ Premier VIP Trust (the “VIP Trust”) approved a form of Agreement and Plan of Reorganization and Termination to reorganize VIP Trust Portfolios (the “Acquired Portfolio”) into newly created Portfolios (the Acquiring Portfolio”) of the EQ Advisors Trust (the “EQ Trust”) that are substantially identical to the Acquired Portfolios (the “Reorganizations”). The Reorganizations are subject to approval and will be submitted to Acquired Portfolio Contract/Policy Owners for their consideration at a special shareholder meeting to be held on or about October 23, 2023. If approved, the Reorganizations are expected to take place early November 2023 (the “Closing Date”). The list of Acquired Funds and corresponding Acquiring Funds are shown in the table below:
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VIP Trust – Acquired Portfolios
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EQ Trust - Acquiring Portfolios*
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EQ/Aggressive Allocation Portfolio
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EQ/Aggressive Allocation Portfolio
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EQ/Conservative Allocation Portfolio
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EQ/Conservative Allocation Portfolio
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EQ/Conservative-Plus Allocation Portfolio
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EQ/Conservative-Plus Allocation Portfolio
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EQ/Moderate Allocation Portfolio
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EQ/Moderate Allocation Portfolio
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EQ/Moderate-Plus Allocation Portfolio
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EQ/Moderate-Plus Allocation Portfolio
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* Equitable Investment Management Group, LLC serves as the investment adviser for the Acquired Portfolios and the Acquiring Portfolios and will continue to serve as the investment adviser for the Acquiring Portfolios after the Reorganizations.
Contract/Policy Owners of each Acquired Portfolio will vote separately on each Reorganization, and a Reorganization will only occur if approved. On the Closing Date, after the close of business, your Fund Value in the sub-account invested in each Acquired Portfolio at the time of the Reorganization will become invested in the sub-account that invests in the corresponding class of an Acquiring Portfolio, and the Acquired Portfolio will liquidate, cease operations, and will no longer be available for investment. You may continue to allocate or transfer into or out of the Acquired Portfolios until the Closing Date. Any allocation instruction you have on file that includes the Acquired Portfolios will be automatically updated with the corresponding Acquiring Portfolio after the Closing Date.
A combined Proxy Statement/Prospectus will be sent to Contract/Policy Owners invested in the Acquired Portfolios requesting their vote on the proposal, which will include a full discussion of the Reorganizations and the factors the Board of Trustees considered in approving the proposal.
Your rights and obligations under the Contract/Policy and your Fund Value will not change as a result of the Reorganizations. The fees and charges under the Contract/Policy will not change and there are no tax consequences to you as a result of the Reorganizations.
As of the Closing Date, this Supplement amends your Prospectus by removing all references to the Acquired Funds as Investment Options under the Contract. As of the Closing Date, the Acquiring Funds will be added as Investment Options under your Contract/Policy.
If you have any questions regarding this Supplement or if you wish to receive prospectuses for the Acquired Funds, or other Funds available under your Contract/Policy, you may contact us by writing or calling Protective Life at P.O. Box 1854, Birmingham, AL 35201-1854 or toll free at 800-487-6669. You may also obtain Acquired Fund and other Fund prospectuses online at www.protective.com/productprospectus by selecting your Contract/Policy then “Investment Options.” Please work with your financial representative to determine if your existing allocation instructions should be changed before or after the Closing Date.
Prospectus
(Included in Registrant’s Form N-6, File No. 333-56969 Accession No. 0001104659-23-047639 filed on April 20, 2023, supplemented on May 23, 2023, Accession No. 0001104659-23-063549 and incorporated by reference herein.)
SAI
(Included in Registrant’s Form N-6, File No. 333-56969 Accession No. 0001104659-23-047639 filed on April 20, 2023, supplemented on May 23, 2023, Accession No. 0001104659-23-063549 and incorporated by reference herein.)
PART C – OTHER INFORMATION
(c) (1) Wholesale Distribution Agreement dated April 1, 2005 by and between MONY Life Insurance Company of America and MONY Securities Corporation and AXA Distributors, LLC, et al., incorporated herein by reference to the registration statement on Form S-3 (File No. 333-177419) filed on October 20, 2011.
(i) Form of the First Amendment dated as of October 1, 2013 to the Wholesale Distribution Agreement dated as of April 1, 2005 between MONY Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Post-Effective Amendment No. 3 to the Registration Statement on Form S-1 (File No. 333-195491) filed on April 19, 2016.
(ii) Second Amendment dated as of August 1, 2015 to the Wholesale Distribution Agreement dated as of April 1, 2005 between MONY Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Post-Effective Amendment No. 3 to the Registration Statement on Form S-1 (File No. 333-195491) filed on April 19, 2016.
(2) Brokerage General Agent Sales Agreement with Schedule and Amendment to Brokerage General Agent Sales Agreement among [Brokerage General Agent] and AXA Distributors, LLC, AXA Distributors Insurance Agency, LLC, AXA Distributors Insurance Agency of Alabama, LLC and AXA Distributors Insurance Agency of Massachusetts, LLC, incorporated herein by reference to post-effective amendment no. 35 to the registration statement on Form N-4 (File No. 333-05593) filed on April 20, 2005.
(3) Wholesale Broker-Dealer Supervisory and Sales Agreement among [Broker-Dealer] and AXA Distributors, LLC., incorporated herein by reference to post-effective amendment no. 35 to the registration statement on Form N-4 (File No. 333-05593) filed on April 20, 2005.
(4) General Agent Sales Agreement, dated as of June 6, 2005, by and between MONY Life Insurance Company of America and AXA Network, LLC, incorporated herein by reference to the registration statement on Form S-1 (File No. 333-180068) filed on March 13, 2012.
(i) First Amendment dated as of August 1, 2006 to General Agent Sales Agreement by and between MONY Life Insurance Company of America and AXA Network, LLC, incorporated herein by reference to post-effective amendment no. 12 to the registration statement on Form N-6 (File No. 333-134304) filed on March 1, 2012.
(ii) Second Amendment dated as of April 1, 2008 to General Agent Sales Agreement dated as of June 6, 2005 by and between MONY Life Insurance Company of America and AXA Network, LLC incorporated herein by reference to the registration statement on Form S-1 (File No. 333-180068) filed on March 13, 2012.
(iii) Form of the Third Amendment to General Agent Sales Agreement dated as of October 1, 2013 by and between MONY Life Insurance Company of America and AXA Network, LLC, Incorporated herein by reference to Post-Effective Amendment No. 1 to the Registration Statement on Form S-1 (333-195491) filed on April 21, 2015.
(iv) Fourth Amendment to General Agent Sales Agreement dated as of October 1, 2014 by and between Equitable Financial Life Insurance Company of America and AXA Network, LLC, Incorporated herein by reference to the Registration Statement on Form S-3 (333-236437) filed on March 14, 2022.
(v) Fifth Amendment to General Agent Sales Agreement, dated as of June 1, 2015 by and between MONY Life Insurance Company of America (“MONY America”) and AXA NETWORK, LLC and the additional affiliated entities of AXA Network, LLC, incorporated herein by reference to Pre-Effective Amendment No. 2 to the Registration Statement on Form N-6 (File No. 333-207014) filed on December 23, 2015.
(vi) Sixth Amendment to General Agent Sales Agreement, dated as of August 1, 2015, by and between MONY Life Insurance Company of America (“MONY America”) and AXA Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 30 to the Registration Statement on Form S-6 (File No. 333-56969) filed on April 19, 2019.
(vii) Seventh Amendment to General Agent Sales Agreement, dated as of April 1, 2016, by and between MONY Life Insurance Company of America (“MONY America”) and AXA Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 30 to the Registration Statement on Form S-6 (File No. 333-56969) filed on April 19, 2019.
(viii) Eighth Amendment to General Agent Sales Agreement dated as of November 1, 2019, by and between MONY Life Insurance Company of America ("MONY America") and AXA Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 (File No. 333-191149) filed on April 21, 2021.
(ix) Ninth Amendment to General Agent Sales Agreement, dated as of October 1, 2020, by and between Equitable Financial Life Insurance Company of America and Equitable Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 (File No. 333-191149) filed on April 21, 2021.
(x) Tenth Amendment to General Agent Sales Agreement, dated as of September 1, 2021, by and between Equitable Financial Life Insurance Company of America and Equitable Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 39 to the Registration Statement on Form N-6 (File No. 333-56969) filed on April 21, 2022.
(xi) Eleventh Amendment to General Agent Sales Agreement, dated as of November 1, 2021, by and between Equitable Financial Life Insurance Company of America and Equitable Network, LLC, incorporated herein by reference to Post-Effective Amendment No. 39 to the Registration Statement on Form N-6 (File No. 333-56969) filed on April 21, 2022.
(5) Broker-Dealer Distribution and Servicing Agreement, dated June 6, 2005, by and between MONY Life Insurance Company of America and AXA Advisors, LLC, incorporated herein by reference to the registration statement on Form S-1 (File No. 333-180068) filed on March 13, 2012.
(6) Broker-Dealer and General Agent Servicing Agreement for In-Force MLOA Products dated October 1, 2013, by and between MONY Life Insurance Company of America, AXA Advisors, LLC and AXA Network, LLC, incorporated herein by reference to post-effective amendment no. 24 to the registration statement on Form S-6 (File No. 333-56969) filed on April 25, 2014.
(7) Wholesale Level Servicing Agreement for In-Force MLOA Products dated October 1, 2013, by and between MONY Life Insurance Company of America, AXA Distributors, LLC, incorporated herein by reference to post-effective amendment no. 24 to the registration statement on Form S-6 (333-56969) filed on April 25, 2014.
(d) Form of policy, incorporated herein by reference to the registration statement on Form S-6 (File No. 333-56969) filed on June 16, 1998. Filed in paper.
(e) (1) Application Form for Flexible Premium Variable Universal Life Insurance Policy, incorporated herein by reference to pre-effective amendment no. 1 to the registration statement on Form S-6 (File No. 333-72596) filed on December 7, 2001.
(2) Form of Application for Life Insurance (Form AMIGV-2005), incorporated herein by reference to the registration statement on Form N-6 (File No. 333-134304) filed on May 19, 2006.
(f) (1) Articles of Restatement of the Articles of Incorporation of MONY Life Insurance Company of America (as Amended July 22, 2004), incorporated herein by reference to post-effective amendment no. 5 to the registration statement on Form N-4 (File No. 333-72632) filed on April 22, 2005.
(2) By-Laws of MONY Life Insurance Company of America (as Amended July 22, 2004), incorporated herein by reference to post-effective amendment no. 5 to the registration statement on Form N-4 (File No. 333-72632) filed on April 22, 2005.
(3) Articles of Restatement of the Articles of Incorporation of Equitable Financial Life Insurance Company of America (as Amended December 13, 2019) incorporated herein by reference to registration statement on Form S-1 (File No. 333-236437) filed on February 14, 2020.
(4) By-Laws of Equitable Financial Life Insurance Company of America (as Amended December 13, 2019) incorporated herein by reference to registration statement on Form S-1 (File No. 333-236437) filed on February 14, 2020.
(5) Amended and Restated By-Laws of Equitable Financial Life Insurance Company of America dated September 23, 2020, incorporated herein by reference to Registration Statement on Form N-6 (file No. 333-191149) filed on April 21, 2021.
(g) (1) Form of Reinsurance Agreement among Continental Assurance Company, MONY Life Insurance Company and MONY Life Insurance Company of America, incorporated herein by reference post-effective no. 2 to the registration statement on Form N-6 (File No. 333-104162) filed on April 28, 2005.
(2) Form of Automatic Reinsurance Agreement between MONY Life Insurance Company and MONY Life Insurance Company of America and RGA Reinsurance Company, incorporated herein by reference to post-effective amendment no. 13 to the registration statement on Form N-6 (333-56969) filed on April 28, 2005.
(3) Form of General & Cologne Life Re Automatic Yearly Renewable Term Reinsurance Agreement Treaty #M158-100 between MONY Life Insurance Company and MONY Life Insurance Company of America, incorporated herein by reference to post-effective amendment no. 13 to the registration statement on Form S-6 (File No. 333-56969) filed on April 28, 2005.
(4) Automatic Bulk YRT Non-Refund Agreement MONY Life Insurance Company and MONY Life Insurance Company of America with Allianz Life Insurance Company of North America, incorporated herein by reference to post-effective amendment no. 13 to the registration statement on Form S-6 (File No. 333-56969) filed on April 28, 2005.
(5) Reinsurance Agreement by and among MONY Life Insurance Company of America and Protective Life Insurance Company, dated October 1, 2013, incorporated herein by reference to post-effective amendment no. 24 to the registration statement on Form S-6 (333-56969) filed on April 25, 2014.
(h) (1) Form of agreement to purchase shares. Application Form for Flexible Premium Variable Universal Life Insurance Policy, filed as Exhibit 1.(10) to Pre-Effective Amendment No. 1, dated January 6, 1995, to Registration Statement on Form S-6 (Registration No. 33-82570), is incorporated herein by reference. Filed in paper.
(2) Amended and Restated Services Agreement between MONY Life Insurance Company of America and AXA Equitable Life Insurance Company dated as of February 1, 2005, incorporated herein by reference to the Annual Report on Form 10-K (File No. 333-65423) filed on March 31, 2005.
(3) Participation Agreement among EQ Advisors Trust, MONY Life Insurance Company of America, AXA Distributors, LLC and AXA Advisors, LLC, incorporated herein by reference to post-effective amendment no. 7 to the registration statement on Form N-4 (File No. 333-72632) filed on April 22, 2005.
(i) AMENDED AND RESTATED PARTICIPATION AGREEMENT, made and entered into as of the 23rd day of May 2012 by and among MONY LIFE INSURANCE COMPANY OF AMERICA, an Arizona insurance company (“MONY”), on its own behalf and on behalf of the separate accounts set forth on Schedule B hereto as may be amended from time to time (each an “Account”), EQ ADVISORS TRUST, a business trust organized under the laws of the State of Delaware (“Trust”) and AXA DISTRIBUTORS, LLC, a Delaware limited liability company (the “Distributor”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on January 10, 2014.
(ii) Amendment No. 1, dated as of June 4, 2013 (“Amendment No. 1”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on January 10, 2014.
(iii) Amendment No. 2, dated as of October 21, 2013 (“Amendment No. 2”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on January 10, 2014.
(iv) Amendment No. 3, dated as of November 1, 2013 (“Amendment No. 3”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on April 11, 2014.
(v) Amendment No. 4, dated as of April 4, 2014 (“Amendment No. 4”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on April 30, 2014.
(vi) Amendment No. 5, dated as of June 1, 2014 (“Amendment No. 5”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on April 30, 2014.
(vii) Amendment No. 6, dated as of July 16, 2014 (“Amendment No. 6”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on February 5, 2015.
(viii) Amendment No. 7, dated as of July 16, 2014 (“Amendment No. 7”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1/A (File No. 333-17217) filed on February 05, 2015.
(ix) Amendment No. 8, dated as of December 21, 2015 (“Amendment No. 8”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the "Parties"), incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1A (File No. 333-17217) filed on February 11, 2016.
(x) Amendment No. 9, dated as of December 9, 2016 (“Amendment No. 9”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1A (File No. 333-17217) filed on January 31, 2017.
(xi) Amendment No. 10, dated as of May 1, 2017, to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, MONY Life Insurance Company of America and AXA Distributors, LLC incorporated by reference to Post-Effective Amendment No. 125 to the EQ Advisors Trust Registration Statement on Form N-1A filed on April 28, 2017 (File No. 333-17217).
(xii) Amendment No. 11, dated as of November 1, 2017, to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, MONY Life Insurance Company of America and AXA Distributors, LLC incorporated by reference to Post-Effective Amendment No. 128 to the EQ Advisor’s Trust Registration Statement on Form N-1A filed on October 27, 2017 (File No. 333-17217).
(xiii) Amendment No. 12 dated as of July 12, 2018 to the Amended and Restated Participation Agreement dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, MONY Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on July 31, 2018.
(xiv) Amendment No. 13 dated as of December 6, 2018 to the Amended and Restated Participation Agreement dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, MONY Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 26, 2019.
(xv) Amendment No. 14 dated as of July 16, 2020 to the Amended and Restated Participation Agreement dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, Equitable Financial Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-14 (File No. 333-254202) filed on March 12,2021.
(xvi) Amendment No. 15 dated as of February 1, 2021 to the Amended and Restated Participation Agreement dated as of May 23, 2012, as amended, by and among EQ Advisors Trust, Equitable Financial Life Insurance Company of America and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-14 (File No. 333-254202) filed on March 12,2021.
(xvii) Amendment No. 16 dated as of February 26, 2021to the Amended and Restated Participation Agreement, dated as of May 23, 2012,as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company of America, Equitable Investment Management Group, LLC and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 29, 2021.
(xviii) Amendment No. 17 dated July 22, 2021 to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company of America, Equitable Investment Management Group, LLC and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on September 24, 2021.
(xviii) Amendment No. 18 dated January 13, 2022 to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company of America, Equitable Investment Management Group, LLC and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 28, 2022.
(4) Participation Agreement — among AXA Premier VIP Trust, MONY Life Insurance Company of America, AXA Distributors, LLC and AXA Advisors, LLC, incorporated herein by reference to Pre-Effective Amendment No. 1 to the Registration Statement on Form N-6 (File No. 333-134304) on August 25, 2006.
(i) Amended and Restated Participation Agreement made and entered into as of the 23rd day of May 2012 by and among MONY LIFE INSURANCE COMPANY OF AMERICA, an Arizona insurance company (“MONY”), on its own behalf and on behalf of the separate accounts set forth on Schedule B hereto as may be amended from time to time (each an “Account”), AXA PREMIER VIP TRUST, a business trust organized under the laws of the State of Delaware (“Trust”) and AXA DISTRIBUTORS, LLC, a Delaware limited liability company (the “Distributor”), incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1/A (File No.333-70754) filed on October 2, 2013.
(ii) Amendment No. 1, dated as of October 21, 2013 (“Amendment No. 1”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among AXA Premier VIP Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1/A (File No. 333-70754) filed on October 2, 2013.
(iii) Amendment No. 2, dated as of November 1, 2013 (“Amendment No. 2”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among AXA Premier VIP Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1/A (File No. 333-70754) filed on February 11, 2014.
(iv) Amendment No. 3, dated as of April 18, 2014 (“Amendment No. 3”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among AXA Premier VIP Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1/A (File No. 333-70754) filed on January 12, 2015.
(v) Amendment No. 4, dated as of July 8, 2014 (“Amendment No. 4”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among AXA Premier VIP Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”), incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1/A (File No. 333-70754) filed on January 12, 2015.
(vi) Amendment No. 5, dated as of September 26, 2015 (“Amendment No. 5”), to the Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among AXA Premier VIP Trust (“Trust”), MONY Life Insurance Company of America and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to AXA Premier VIP Trust Registration Statement on Form N-1A (File No. 333-70754) filed on April 26, 2016.
(vii) Amendment No. 6 dated as of July 19, 2018 to Amended and Restated Participation Agreement dated May 23, 2021, by and among Equitable Premier VIP Trust, MONY Life Insurance Company of America and AXA Distributors LLC, incorporated herein by reference to Registration Statement on Form N-14 (File No. 333-254204) filed on March 12, 2021
(viii) Amendment No. 7 dated as of July 16, 2020 to Amended and Restated Participation Agreement dated May 23, 2012, by and among Equitable Premier VIP Trust, Equitable Financial Life Insurance Company of America and AXA Distributors LLC, incorporated herein by reference to Registration Statement on Form N-14 (File No. 333-254204) filed on March 12,2021.
(5) Participation Agreement dated January 1, 1997 between Dreyfus Variable Investment Fund, The Dreyfus Sustainable U.S. Equity Portfolio, Inc. (formerly The Dreyfus Socially Responsible Growth Fund, Inc.), Dreyfus Life and Annuity Index Fund, Inc. (d/b/a Dreyfus Stock Index Fund), Dreyfus Investment Portfolios, MONY Life Insurance Company of America, and MONY Life Insurance Company, incorporated herein by reference to post-effective amendment no. 22 to the registration statement on Form S-6 (File No. 333-56969) filed April 26, 2012.
(i) Amendment dated May 15, 2002 to Fund Participation Agreement dated May 15, 2002 by and between the Dreyfus Variable Investment Fund, The Dreyfus Sustainable U.S. Equity Portfolio, Inc. (formerly The Dreyfus Socially Responsible Growth Fund, Inc.), Dreyfus Life and Annuity Index Fund, Inc. (d/b/a Dreyfus Stock Index Fund), Dreyfus Investment Portfolios, MONY Life Insurance Company of America, and MONY Life Insurance Company, incorporated herein by reference to post-effective amendment no. 22 to the registration statement on Form S-6 (File No. 333-56969) filed April 26, 2012.
(6) Participation Agreement dated July 1, 1999 between Janus Aspen Series and MONY Life Insurance Company of America, incorporated herein by reference to post-effective amendment no. 29 to the registration statement on Form N-4 (File No. 333-59717) filed on April 24, 2015.
(i) Amendment effective October 1, 2002 to Participation Agreement dated July 1, 1999, between Janus Aspen Series and MONY Life Insurance Company of America, incorporated herein by reference to post-effective amendment no. 29 to the registration statement on Form N-4 (File No. 333-59717) filed on April 24, 2015.
(ii) Second Amendment effective November 27, 2013 to Participation Agreement dated July 1, 1999, between Janus Aspen Series and MONY Life Insurance Company of America, incorporated herein by reference to post-effective amendment no. 29 to the registration statement on Form N-4 (File No. 333-59717) filed on April 24, 2015.
(7) Participation Agreement dated July 12, 2000 by and between MONY Life Insurance Company of America and Janus Aspen Series , previously filed with this Registration Statement, File No. 333-229237on Form N-6 on April 21, 2022.
(i) First Amendment to Fund Participation Agreement effective October 1, 2002 to Fund Participation Agreement dated July 12, 2000 by and among Janus Aspen and MONY Life Insurance Company of America, previously filed with this Registration Statement, File No. 333-229237 on Form N-6 on April21, 2022.
(ii) Second Amendment to Fund Participation Agreement effective May 1, 2003 to Fund Participation Agreement dated July 12, 2000 by and among Janus Aspen and MONY Life Insurance Company of America, previously filed with this Registration Statement, File No. 333-229237 on Form N-6 on April 21, 2022.
(iii) Fourth Amendment to Fund Participation Agreement effective February 10, 2021 to Fund Participation Agreement dated July 12, 2000 by and among Equitable Financial Life Insurance Company of America and Janus Aspen Series, previously filed with this Registration Statement, File No. 333-229237 on Form N-6 on April 21, 2022.
(iv) Fifth Amendment to Fund Participation Agreement effective May 25, 2021 to Fund Participation Agreement dated July 12, 2000 by and among Equitable Financial Life Insurance Company of America and Janus Aspen Series, previously filed with this Registration Statement, File No. 333-229237 on Form N-6 on April 21, 2022.
(v) Amendment to Fund Participation Agreement effective July 7, 2022, to Fund Participation Agreement dated July 12, 2000 by and among Equitable Financial Life Insurance Company of America and Janus Aspen Series, previously filed with this Registration Statement, File No. 333-56969 on Form N-6 on April 20, 2023.
(8) Participation Agreement, dated August 27, 2010 by and among MONY Life Insurance Company of America, on behalf of itself and its separate accounts, Lord Abbett Series Fund, Inc., and Lord Abbett Distributor LLC, incorporated herein by reference to post-effective amendment no. 10 to the registration statement on Form N-4 (File No. 333-160951) filed on December 2, 2010.
(9) Participation Agreement among PIMCO Variable Insurance Trust, PIMCO Funds Distributors LLC and MONY Life Insurance Company of America, incorporated herein by reference to registration statement on Form N-4 (File No. 333-160951) filed on November 16, 2009.
(i) Third Amendment dated October 20, 2009 to the Participation Agreement, (the “Agreement”) dated December 1, 2001 by and among MONY Life Insurance Company, PIMCO Variable Insurance Trust, and PIMCO Funds Distributions LLC (collectively, the “Parties”) adding AXA Equitable Insurance Company as a Party to the Agreement incorporated herein by reference to the registration statement on Form N-4 (File No. 333-178750) filed on December 23, 2011.
(ii) Fifth Amendment, effective October 17, 2013 to that certain Participation Agreement, (the “Agreement”), dated December 1, 2001, as amended, by and among MONY Life Insurance Company of America (the “Company”), PIMCO Variable Insurance Trust and PIMCO Investments LLC (collectively, the “Parties”), previously filed with this Registration Statement, File No. 333-191149 on December 10, 2013.
(iii) Sixth Amendment, effective January 1, 2021 to the Participation Agreement dated December 1, 2001 by and among Equitable Financial Life Insurance Company of America, PIMCO Variable Insurance Trust and PIMCO Investments LLC, incorporated herein by reference to Registration Statement on Form N-6 (333- 229238) filed on April 21, 2021.
(iv) Seventh Amendment, entered into effective May 1, 2021 to the Participation Agreement dated December 1, 2001 by and among MONY Life Insurance Company, Equitable Financial Life Insurance Company, PIMCO Variable Insurance Trust and PIMCO Funds Distributions LLC, previously filed with this Registration Statement, File No. 333-229238 on Form N-6 on April 21, 2022.
(v) Eighth Amendment, entered into effective October 7, 2021 to the Participation Agreement dated December 1, 2001 by and among MONY Life Insurance Company, Equitable Financial Life Insurance Company, PIMCO Variable Insurance Trust and PIMCO Funds Distributions LLC, previously filed with this Registration Statement, File No. 333-229238 on Form N-6 on April 21, 2022.
(10) Participation Agreement dated October 1, 2013, by and among AXA Equitable Life Insurance Company, PIMCOVariable Insurance Trust, PIMCO Equity Series VIT, and PIMCO Investments LLC, incorporated herein byreference to Registration Statement filed on Form N-4 (File No. 2-30070) filed on April 20, 2022.
(i) First Amendment to Participation Agreement entered into as of May 1, 2021 to Participation Agreementeffective October 1, 2013, by and among Equitable Financial Life Insurance Company, PIMCO VariableInsurance Trust, PIMCO Equity Series VIT, and PIMCO Investments LLC, incorporated herein byreference to Registration Statement filed on Form N-4 (File No. 2-30070) filed on April 20, 2022.
(ii) Second Amendment to Participation Agreement entered into as of October 7, 2021 to ParticipationAgreement effective October 1, 2013, by and among Equitable Financial Life Insurance Company,PIMCO Variable Insurance Trust, PIMCO Equity Series VIT, and PIMCO Investments LLC,incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed onApril 20, 2022.
(iii) Third Amendment to Participation Agreement entered into as of October 11, 2022 to ParticipationAgreement effective October 1, 2013, by and among Equitable Financial Life Insurance Company,Equitable Financial Life Insurance Company of America, PIMCO Variable Insurance Trust, PIMCOEquity Series VIT and PIMCO Investments LLC, incorporated herein by reference to RegistrationStatement on Form N-4 (File No. 333-229766) filed on February 3, 2023.
(11) Participation Agreement dated December 1, 2001 among PIMCO Variable Insurance Trust, MONY Life Insurance Company of America and PIMCO Funds Distributions LLC, incorporated herein by reference to Post-Effective Amendment No. 21 to the Registration Statement on Form-S-6 (File No. 333-06071) filed on May 31, 2002.
(i) Administrative Services Agreement by and between MONY Life Insurance Company of America and Protective Life Insurance Company, incorporated herein by reference to Post-Effective Amendment No. 39 to the Registration Statement on Form N-6 (File No. 333-56969) filed on April 21, 2022.
(j) Not Applicable
(k) Opinion and consent of Shane Daly, Vice President and Associate General Counsel, incorporated herein by reference to Post-Effective Amendment No. 41 to the Registration Statement on Form N-6 (File No. 333-56969) filed on May 23, 2023.
(l) Not Applicable
(m) Not Applicable
(n) Consent of PricewaterhouseCoopers LLP, independent registered public accounting firm for Equitable Financial Life Insurance Company of America, filed herewith.
(o) Not Applicable
(p) Not Applicable
(q) Memorandum Pursuant to Rule 6e-3(b)(12)(iii) Describing Issuance, Transfer, and Redemption Procedures, incorporated herein by reference to Post-Effective Amendment No. 4 to the registration statement on Form N-6 (File No. 333-72596) filed on April 30, 2003.
(r) Not Applicable.
(s) Powers of Attorney, incorporated herein by reference to Pre-Effective Amendment No. 1 to the Registration Statement on Form N-4 (File No. 333-265030) filed on September 20, 2022.
Item 31. Directors and
Officers of the Depositor
* The business address for all officers and directors of the Depositor is 525 Washington Boulevard, Jersey City, NJ 07310.
Name and Principal Business Address* | | Position and Offices with Depositor |
Francis Hondal
10050 W. Suburban Drive
Pinecrest, FL 33156
| | Director |
Arlene Isaacs-Lowe
1830 South Ocean Drive, #1411
Hallandale, FL 33009 | | Director |
Daniel G. Kaye
767 Quail Run
Inverness, IL 60067 | | Director |
Joan Lamm-Tennant
135 Ridge Common
Fairfield, CT 06824 | | Director |
Craig MacKay
England & Company
1133 Avenue of the Americas
Suite 2719
New York, NY 10036
| | Director |
Bertram L. Scott
3601 Hampton Manor Drive
Charlotte, NC 28226 | | Director |
George Stansfield
AXA
25, Avenue Matignon
75008 Paris, France | | Director |
Charles G.T. Stonehill
Founding Partner
Green & Blue Advisors
20 East End Avenue, Apt. 5C
New York, New York 10028
| | Director |
OFFICER-DIRECTOR | | |
*Mark Pearson | | Director and Chief Executive Officer |
| | |
OTHER OFFICERS | | |
| *Nicholas B. Lane | | President |
*José Ramón González | | Chief Legal Officer and Secretary |
*Jeffrey J. Hurd | | Chief Operating Officer |
*Robin M. Raju | | Chief Financial Officer |
*Michael B. Healy | | Chief Information Officer |
*Nicholas Huth | | Chief Compliance Officer |
*William Eckert | | Chief Accounting Officer |
*Darryl Gibbs | | Chief Diversity Officer |
*David W. Karr | | Signatory Officer |
*Jessica Baehr | | Signatory Officer |
| *Mary Jean Bonadonna | | Signatory Officer |
*Eric Colby | | Signatory Officer |
| *Steven M. Joenk | | Chief Investment Officer |
| *Kenneth Kozlowski | | Signatory Officer |
| *Carol Macaluso | | Signatory Officer |
| *Hector Martinez | | Signatory Officer |
| *James McCravy | | Signatory Officer |
| *James Mellin | | Signatory Officer |
| *Hillary Menard | | Signatory Officer |
| *Kurt Meyers | | Deputy General Counsel and Signatory Officer |
| *Maryanne (Masha) Mousserie | | Signatory Officer |
| *Prabha ("Mary") Ng | | Chief Information Security Officer |
| *Anthony Perez | | Signatory Officer |
| *Antonio Di Caro | | Signatory Officer |
| *Glen Gardner | | Deputy Chief Investment Officer |
| *Shelby Hollister-Share | | Signatory Officer |
| *Manuel Prendes | | Signatory Officer |
| *Meredith Ratajczak | | Chief Actuary |
| *Aaron Sarfatti | | Chief Risk Officer and Chief Strategy Officer |
| *Stephen Scanlon | | Signatory Officer |
| *Samuel Schwartz | | Signatory Officer |
| *Stephanie Shields | | Signatory Officer |
| *Joseph M. Spagnuolo | | Signatory Officer |
| *Gina Tyler | | Chief Communications Officer |
| *Constance Weaver | | Chief Marketing Officer |
| *Stephanie Withers | | Chief Auditor |
| *Yun ("Julia") Zhang | | Treasurer |
Item 32. Persons
Controlled by or Under Common Control with the Depositor or Registrant
No person is directly or
indirectly controlled by the Registrant. The Registrant is a separate account
of Equitable Financial Life Insurance Company of America, a wholly-owned
subsidiary of Equitable Holdings, LLC.
Item 33. Indemnification
The By-Laws of Equitable Financial Life
Insurance Company of America (the “Corporation”) provide, in Article VI as
follows:
Section 1. Nature of
Indemnity. The Corporation shall
indemnify any person who was or is a party or is threatened to be made a party
to any threatened, pending or completed action, suit or proceeding, whether
civil, criminal, administrative, or investigative, by reason of the fact that
he or she is or was or has agreed to become a director or officer of the
Corporation, or is or was serving or has agreed to serve at the request of the
Corporation as a director or officer of another corporation, partnership, joint
venture, trust or other enterprise, or by reason of any action alleged to have
been taken or omitted in such capacity, and may indemnify any person who was or
is a party or is threatened to be made a party to such an action, suit or
proceeding by reason of the fact that he or she is or was or has agreed to
become an employee or agent of the Corporation, or is or was serving or has
agreed to serve at the request of the Corporation as an employee or agent of
another corporation, partnership, joint venture, trust or other enterprise,
against expenses (including attorneys’ fees), judgments, fines and amounts paid
in settlement actually and reasonably incurred by him or her or on his or her
behalf in connection with such action, suit or proceeding and any appeal therefrom,
if he or she acted in good faith and in a manner he or she reasonably believed
to be in or not opposed to the best interests of the Corporation, and, with
respect to any criminal action or proceeding had no reasonable cause to believe
his or her conduct was unlawful; except that in the case of an action or suit
by or in the right of the Corporation to procure a judgment in its favor
(1) such indemnification shall be limited to expenses (including
attorneys’ fees) actually and reasonably incurred by such person in the defense
or settlement of such action or suit, and (2) no indemnification shall be
made in respect of any claim, issue or matter as to which such person shall
have been adjudged to be liable to the Corporation unless and only to the extent
that the court in which such action or suit was brought or other court of
competent jurisdiction shall determine upon application that, despite the
adjudication of liability but in view of all the circumstances of the case,
such person is fairly and reasonably entitled to indemnity.
The termination of any
action, suit or proceeding by judgment, order, settlement, conviction or upon a
plea of no contest or its equivalent, shall not, of itself, create a
presumption that the person did not act in good faith and in a manner which he
or she reasonably believed to be in or not opposed to the best interests of the
Corporation, and, with respect to any criminal action or proceeding, had
reasonable cause to believe that his or her conduct was unlawful.
Section 6. Survival;
Preservation of Other Rights. The
foregoing indemnification provisions shall be deemed to be a contract between
the Corporation and each director, officer, employee and agent who serves in
any such capacity at any time while these provisions as well as the relevant
provisions of Title 10, Arizona Revised Statutes are in effect and any repeal
or modification thereof shall not affect any right or obligation then existing
with respect to any state of facts then or previously existing or any action, suit
or proceeding previously or thereafter brought or threatened based in whole or
in part upon any such state of facts. Such a “contract right” may not be
modified retroactively without the consent of such director, officer, employee
or agent.
The indemnification provided
by this Article shall not be deemed exclusive of any other right to which
those indemnified may be entitled under any by-law, agreement, vote of
stockholders or disinterested directors or otherwise, both as to action in his
or her official capacity and as to action in another capacity while holding
such office, and shall continue as to a person who has ceased to be a director,
officer, employee or agent and shall inure to the benefit of the heirs,
executors and administrators of such a person.
Section 7. Insurance. The Corporation may purchase and maintain insurance
on behalf of any person who is or was a director or officer of the Corporation,
or is or was serving at the request of the Corporation as a director, officer,
employee or agent of another corporation, partnership, joint venture, trust or
other enterprise against any liability asserted against such person and
incurred by such person in any such capacity or arising out of his or her
status as such, whether or not the Corporation would have the power to indemnify
such person against such liability under the provisions of this By-Law.
The directors and officers of the Company are insured under policies issued by X.L. Insurance Company, Arch Insurance Company, Endurance Specialty Insurance Company, U.S. Specialty Insurance, ACE, Chubb Insurance Company, AXIS Insurance Company, Zurich Insurance Company, AWAC (Allied World Assurance Company, Ltd.), Aspen Bermuda XS, CNA, AIG, One Beacon, Nationwide, Berkley, Berkshire, SOMPO, Chubb, Markel and ARGO RE Ltd. The annual limit on such policies is $300 million, and the policies insure the officers and directors against certain liabilities arising out of their conduct in such capacities.
Insofar as indemnification
for liability arising under the Securities Act of 1933 may be permitted to
directors, officers and controlling persons of the Registrant pursuant to the
foregoing provisions, or otherwise, the Registrant has been advised that in the
opinion of the Securities and Exchange Commission such indemnification is
against public policy as expressed in the Act and is, therefore, unenforceable.
In the event that a claim for indemnification for such
liabilities (other than the payment by the Registrant of expense
incurred or paid by a director, officer, or controlling person of the
Registrant in the successful defense of any action, suit or proceeding) is
asserted by such director, officer or controlling person in connection with the
securities being registered, the Registrant, will (unless in the opinion of its
counsel the matter has been settled by controlling precedent) submit to a court
of appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
Item 34. Principal Underwriters
(a) Equitable Advisors, LLC and Equitable Distributors, LLC are the principal underwriters for Separate Accounts 49, 70, A, FP, I and 45 of Equitable Financial, EQ Advisors Trust, and of Equitable America Variable Accounts A, K, L and 70A and AA. In addition, Equitable Advisors is the principal underwriter of Equitable Financial’s Separate Account 301.
(b) Set forth below is certain information
regarding the directors and principal officers of Equitable Advisors, LLC and Equitable
Distributors, LLC.
(i) EQUITABLE
ADVISORS, LLC
NAME AND PRINCIPAL
BUSINESS ADDRESS | | POSITIONS AND OFFICES WITH UNDERWRITER |
| *David Karr | | Director, Chairman of the Board and Chief Executive Officer |
*Nicholas B. Lane | | Director |
*Frank Massa | | Director and President |
| *Aaron Sarfatti | | Director |
| *Jessica Baehr | | Director |
*Ralph E. Browning, II | | Chief Privacy Officer |
*Mary Jean Bonadonna | | Chief Risk Officer |
*Patricia Boylan | | Broker Dealer Chief Compliance Officer |
*Yun (“Julia”) Zhang | | Director, Senior Vice President and Treasurer |
| *Nia Dalley | | Vice President and Chief Conflicts Officer |
| *Brett Esselburn | | Vice President, Investment Sales and Financial Planning |
| *Gina Jones | | Vice President and Financial Crime Officer
|
| *Page Pennell | | Vice President |
| *Sean Donovan | | Assistant Vice President
|
| *Alan Gradzki | | Assistant Vice President
|
| *Janie Smith | | Assistant Vice President
|
| *James Mellin | | Chief Sales Officer
|
| *Candace Scappator | | Assistant Vice President, Controller and
Principal Financial Officer |
| *Prabha ("Mary") Ng | | Chief Information Security Officer |
| *Alfred Ayensu-Ghartey | | Vice President |
| *Joshua Katz | | Vice President |
|
*Christopher LaRussa | | Investment Advisor Chief Compliance Officer |
| *Christian Cannon | | Vice President and General Counsel
|
| *Samuel Schwartz | | Vice President |
| *Dennis Sullivan | | Vice President |
| * Michael Cole | | Vice President |
| *Constance (Connie) Weaver | | Vice President |
| *Tony Richardson | | Principal Operations Officer |
| *Michael Brudoley | | Secretary
|
| *Christine Medy | | Assistant Secretary |
|
*Francesca Divone | | Assistant Secretary |
* Principal Business Address: 1290 Avenue of the Americas NY, NY 10140
(ii) EQUITABLE DISTRIBUTORS, LLC
NAME AND PRINCIPAL
BUSINESS ADDRESS | | POSITIONS AND OFFICES WITH UNDERWRITER |
*Nicholas B. Lane
| | Director, Chairman of the Board and Chief Executive Officer |
| *Jessica Baehr | | Director, Executive Vice President and Head of
Group Retirement |
*Hector Martinez | | Director, Executive Vice President and Head of
Life Business |
*Eric Brown | | Senior Vice President |
| *James Crimmins | | Senior Vice President |
|
*James Daniello | | Senior Vice President |
*Michael B. Healy | | Senior Vice President |
| *Patrick Ferris | | Senior Vice President |
*Brett Ford | | Senior Vice President |
*Bernard Heffernon | | Senior Vice President |
| *David Kahal | | Senior Vice President |
| *Fred Makonnen | | Senior Vice President |
| *Matthew Schirripa | | Senior Vice President
|
| *David Veale | | Senior Vice President |
| *Arielle D’ Auguste | | Vice President and General Counsel |
| *Alfred D’Urso | | Vice President and Chief Compliance Officer
|
| *Mark Teitelbaum | | Senior Vice President
|
| *Candace Scappator | | Vice President, Chief Financial Officer,
Principal Financial Officer and Principal Operations Officer
|
|
*Gina Jones | | Vice President and Financial Crime Officer
|
| *Yun (“Julia”) Zhang | | Senior Vice President and Treasurer |
| *Francesca Divone | | Secretary |
| *Richard Frink | | Senior Vice President |
|
*Michael J. Gass | | Vice President |
|
*Kathi Gopie
| | Vice President |
| *Timothy Jaeger | | Vice President
|
| *Jeremy Kachejian | | Vice President |
| *Laird Johnson | | Vice President |
| *Enrico Mossa | | Assistant Vice President |
| *James C. Pazareskis | | Assistant Vice President |
| *Caitlin Schirripa | | Assistant Vice President |
| *Samuel Schwartz | | Vice President |
| *Greg Seavey | | Vice President
|
| * Michael Cole | | Assistant Treasurer |
| *Stephen Scanlon | | Director, Executive Vice President and
Head of Individual Retirement
|
| *Prabha ("Mary") Ng | | Senior Vice President and Chief Information
Security Officer |
| *Michael Brudoley | | Assistant Secretary |
|
*Christine Medy | | Assistant Secretary |
* Principal Business Address:
1290 Avenue of the Americas
NY, NY 10140
|
(Name of Principal
Underwriter |
|
Net Underwriting
Discounts and Commissions |
|
Compensation on
Redemption |
|
Brokerage
Commissions |
|
Other
Compensation |
|
Equitable Advisors |
|
N/A |
|
$0 |
|
$0 |
|
$0 |
| Equitable Distributors, LLC |
|
N/A |
|
$0 |
|
$0 |
|
$0 |
Item 35. Location of
Accounts and Records
Accounts, books, and other
documents required to be maintained by Section 31(a) of the
Investment Company Act of 1940 and the Rules promulgated thereunder are
maintained by the Company, in whole or in part, at its Operations Center at
5788 Widewaters Parkway, Syracuse, New York 13214, 1290 Avenue of the Americas,
New York, New York, 10104, 2801 Highway 280 South, Birmingham, Alabama, 35223,
or at 525 Washington Boulevard, Jersey City, New Jersey 07310.
Item 36. Management
Services
Not applicable.
Item 37. Fee Representation
Equitable Variable Account L, the Registrant, and Equitable
Financial Life Insurance Company of America, the Company, represent
that the fees and charges deducted under the Contract, in the aggregate, are
reasonable in relation to the services rendered, the expenses expected to be
incurred and the risks assumed by Equitable Financial Life Insurance
Company of America, the Company.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets all of the requirements for effectiveness of this Amendment to the Registration Statement under Rule 485(b) under the Securities Act and has duly caused this Amendment to the Registration Statement to be signed on its behalf by the undersigned, duly authorized, in the City of New York and the State of New York, on August 11, 2023.
| |
Equitable America Variable Account L of |
| |
Equitable Financial Life Insurance Company of America |
| |
(Registrant)
|
| |
|
| |
By: /s/ Shane Daly |
| |
Shane Daly |
| |
Vice President and Associate General Counsel |
| |
|
| |
Equitable Financial Life Insurance Company of America |
| |
(Depositor) |
| |
|
| |
By: |
/s/ Shane Daly |
| |
Shane Daly |
| |
Vice President and Associate General Counsel |
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, this Amendment to the Registration Statement has been signed by the following persons in the capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICER:
|
* |
|
Chief Executive Officer and Director |
|
Mark Pearson |
|
|
PRINCIPAL FINANCIAL OFFICER:
|
* |
|
Chief Financial Officer |
|
Robin Raju |
|
|
PRINCIPAL ACCOUNTING OFFICER:
|
* |
|
Chief Accounting Officer |
|
William Eckert |
|
|
*DIRECTORS:
|
Joan Lamm-Tennant |
Daniel G. Kaye |
Mark Pearson |
|
Craig MacKay |
Francis Hondal |
Charles G.T. Stonehill |
| George Stansfield |
Bertram L. Scott |
Arlene Isaacs-Lowe |
|
|
|
|
|
|
|
|
*BY: |
/S/ SHANE DALY |
|
|
|
Shane Daly |
|
|
|
Attorney-in-Fact |
|
|
|
August 11, 2023 |
|