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As Of Filer Filing For·On·As Docs:Size Issuer Agent 9/17/10 Pacific Select Exec Sep Acct… Ins 485BPOS 9/20/10 6:408K RR Donnelley/FA → Pacific Select Exec Separate Account of Pacific Life (811-05563) ⇒ M’s Versatile Product VII — M’s Versatile Product VIII |
Document/Exhibit Description Pages Size 1: 485BPOS Post-Effective Amendment HTML 130K 2: EX-99.(8)(CC) Exhibit (8)(Cc) HTML 75K 3: EX-99.(8)(DD) Exhibit (8)(Dd) HTML 15K 4: EX-99.(8)(EE) Exhibit (8)(Ee) HTML 25K 5: EX-99.(8)(FF) Exhibit (8)(Ff) HTML 106K 6: EX-99.(8)(GG) Exhibit (8)(Gg) HTML 25K
e485bpos |
SECURITIES AND EXCHANGE COMMISSION
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 | x | |
Pre-Effective Amendment No. | o | |
Post-Effective Amendment No. 10 | x | |
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 | x | |
Amendment No. 281 | x | |
PACIFIC SELECT EXEC SEPARATE ACCOUNT OF PACIFIC LIFE INSURANCE COMPANY
PACIFIC LIFE INSURANCE COMPANY
700 Newport Center Drive
Newport Beach, California 92660
(Address of Depositor’s Principal Executive Offices) (Zip Code)
(949) 219-7286
(Depository’s Telephone Number, including Area Code)
Charlene Grant
Assistant Vice President
Pacific Life Insurance Company
700 Newport Center Drive
Newport Beach, California 92660
(Name and Address of Agent for Service)
Approximate Date of Proposed Public Offering:
It is proposed that this filing will become effective (check appropriate box) | ||||
o | immediately upon filing pursuant to paragraph (b) of Rule 485 | |||
þ | on September 20, 2010 pursuant to paragraph (b) of Rule 485 | |||
o | 60 days after filing pursuant to paragraph (a)(1) of Rule 485 | |||
o | on pursuant to paragraph (a)(1) of Rule 485 |
If appropriate, check the following box: | ||||
o | This post-effective amendment designates a new date for a previously filed post-effective amendment. | |||
Title of Securities being registered: interests in the Separate Account under M's Versatile Product VII and M's Versatile Product VIII Flexible Premium Variable Life Insurance Policies. | ||||
Filing fee: None |
• | Equity Portfolio shares will be transferred to the Main Street® Core Portfolio, and | |
• | Multi-Strategy Portfolio shares will be transferred approximately 55% to the Main Street® Core Portfolio and approximately 45% to the Managed Bond Portfolio. |
(1) |
(a) | Resolution of the Board of Directors of the Depositor dated November 22, 1989 and copies of the Memoranda concerning Pacific Select Exec Separate Account dated May 12, 1988 and January 26, 1993.1 | ||||
(b) | Resolution of the Board of Directors of Pacific Life Insurance Company authorizing conformity to the terms of the current Bylaws.1 | |||||
(2) | Inapplicable | |||||
(3) |
(a) | Distribution Agreement Between Pacific Life Insurance Company and Pacific Mutual Distributors, Inc. (formerly known as Pacific Equities Network)1 | ||||
(b) | Form of Selling Agreement Between Pacific Mutual Distributors, Inc. and Various Broker-Dealers1 | |||||
(c) | Distribution Agreement Between Pacific Select Distributors, Inc. and T. Rowe Price Investment Services, Inc.3 | |||||
(4) |
(a) | Flexible Premium Variable Life Insurance Policy15 | ||||
(b) | Accelerated Living Benefit Rider (form R92-ABR)1 | |||||
(c) | Spouse Term Rider (form R08RTA)11 | |||||
(d) | Children’s Term Rider (form R84-CT)1 | |||||
(e) | Accidental Death Benefit (form R84-AD)1 | |||||
(f) | Disability Benefit Rider (form R84-DB)1 | |||||
(g) | Waiver of Charges (form R08WC)11 | |||||
(h) | Guaranteed Insurability Rider (form R84-GI)1 | |||||
(i) | Annual Renewable Term Rider (form R08RTP)11 | |||||
(j) | Surrender Value Enhancement Rider — Individual (form R08SEI)11 | |||||
(k) | Surrender Value Enhancement Rider — Trust/Executive Benefit (form R08SET)11 | |||||
(l) | Short Term No Lapse Guarantee Rider (form R04PNL)9 | |||||
(m) | Overloan Protection Rider (form R08OLP)11 | |||||
(n) | Minimum Earnings Benefit Rider (form R06MEB)10 | |||||
(o) | SVER Term Insurance Rider (form R09SVERI)13 | |||||
(p) | SVER Term Insurance Rider — Trust/Executive Benefit (form R09SVERT)13 | |||||
(r) | Indexed Fixed Account Rider (form R09IAR)15 | |||||
(5) | Application for Flexible Premium Variable Life Insurance Policy & General Questionnaire11 | |||||
(6) |
(a) | Bylaws of Pacific Life Insurance Company1 | ||||
(b) | Articles of Incorporation of Pacific Life Insurance Company1 | |||||
(c) | Restated Articles of Incorporation of Pacific Life Insurance Company4 | |||||
(d) | Bylaws of Pacific Life Insurance Company As Amended Effective September 1, 20054 |
(7) | Form of Reinsurance Contract1 | |||||||
(8) |
(a) | Participation Agreement between Pacific Life Insurance Company and Pacific Select Fund1 | ||||||
(b) | Participation Agreement with Variable Insurance Products Fund, Variable Insurance Products Fund II and Variable Insurance Products Fund III2 | |||||||
(c) | Service Contract with Fidelity Distributors Corporation2 | |||||||
(d) | Participation Agreement with Merrill Lynch Variable Series Fund, Inc.3 | |||||||
(e) | Administrative Services Agreement with FAM Distributors, Inc.2 | |||||||
(f) | Participation Agreement with T. Rowe Price Equity Series, Inc.3 | |||||||
(g) | Administrative Services Agreement with T. Rowe Price Associates, Inc.3 | |||||||
(h) | Participation Agreement with Van Eck Worldwide Insurance Trust3 | |||||||
(i) | Service Agreement with Van Eck Securities Corporation2 | |||||||
(j) | Participation Agreement between Pacific Life, PSD, American Funds Insurance Series, American Funds Distributors and Capital Research And Management Company3 | |||||||
(k) | Participation Agreement with Janus Aspen Series5 | |||||||
(l) | Distribution and Shareholder Service Agreement with Janus Capital Management LLC5 | |||||||
(m) | Administrative Services Agreement with Janus Distributors LLC5 | |||||||
(n) | Participation Agreement with Lazard Retirement Series, Inc.5 | |||||||
(o) | Service Agreement with Lazard Asset Management Securities LLC5 | |||||||
(p) | Participation Agreement with Legg Mason Partners III5 | |||||||
(q) | Service Agreement with Legg Mason Investor Services, LLC5 | |||||||
(r) | Participation Agreement with MFS Variable Insurance Trust5 | |||||||
(s) | Service Agreement with Massachusetts Financial Services Company5 | |||||||
(t) | Participation Agreement with GE Investments Funds, Inc.16 | |||||||
(u) | Service Agreement with GE Investments Funds, Inc.16 | |||||||
(v) | Participation Agreement with Franklin Templeton Variable Insurance Products Trust16 | |||||||
(1) First Amendment to Participation Agreement16 | ||||||||
(w) | Administrative Services Agreement with Franklin Templeton Services, LLC16 | |||||||
(1) First Amendment to Administrative Services Agreement16 | ||||||||
(x) | Form of Amendment to Fidelity Distributors Corporation Participation Agreement6 | |||||||
(y) | Form of Amendment to Fidelity Investments Institutional Operations Company, Inc. Service Agreement7 | |||||||
(z) | Form of Amendment to Fidelity Distributors Corporation Service Contract8 | |||||||
(aa) | Participation Agreement between Pacific Life Insurance Company, Pacific Life & Annuity and M Fund12 | |||||||
(bb) | Distribution and Services Agreement (Amended and Restated) with GE Investment Distributors, Inc.16 | |||||||
(cc) | Lord Abbett Series Fund, Inc. Fund Participation Agreement | |||||||
(dd) | Lord Abbett Series Fund, Inc. Service Agreement | |||||||
(ee) | Lord Abbett Series Fund, Inc. Administrative Services Agreement | |||||||
(ff) | Royce Fund Services, Inc. Fund Participation Agreement | |||||||
(gg) | Royce Fund Services, Inc. Service Agreement | |||||||
(9) | Inapplicable | |||||||
(10) | Inapplicable | |||||||
(11) | Opinion and consent of legal officer of Pacific Life as to legality of Policies being registered12 | |||||||
(12) | Inapplicable | |||||||
(13) | Inapplicable | |||||||
(14) | a) | Consent of Registered Public Accounting Firm16 | ||||||
b) | Consent of Independent Auditors16 | |||||||
(15) | Inapplicable | |||||||
(16) | Inapplicable | |||||||
(17) | Memorandum Describing Issuance, Transfer and Redemption Procedures15 | |||||||
(18) | Power of Attorney14 |
1 |
Filed as part of Registration Statement on Form N-6 via EDGAR on September 10, 2004, File No. 333-118913, Accession Number 0000892569-04-000869. |
2 |
Filed as part of Post-Effective Amendment No. 2 to the Registration Statement on Form N-6 via EDGAR on February 10, 2005, File No. 333-118913, Accession Number 0000892569-05-000054. |
3 |
Filed as part of Post-Effective Amendment No. 34 to the Registration Statement on Form N-6 via EDGAR on April 19, 2005, File No. 033-21754, Accession Number 0000892569-05-000254. |
4 |
Filed as part of Post-Effective Amendment No. 5 to the Registration Statement on Form N-6 via EDGAR on December 6, 2005, File No. 333-118913, Accession Number 0000892569-05-001150. |
5 |
Filed as part of Post-Effective Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR on April 16, 2007, File No. 333-118913, Accession Number 000892569-07-000444. |
6 |
Filed as Exhibit 8(y) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219. |
7 |
Filed as Exhibit 8(z) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219. |
8 |
Filed as Exhibit 8(aa) as part of Post-Effective Amendment No. 11 to the Registration Statement on Form N-6 via EDGAR on September 28, 2007, File No. 333-118913, Accession Number 0000892569-07-001219. |
9 |
Filed as Exhibit 4(q) as part of Post-Effective Amendment No. 21 to the Registration Statement on Form N-6 via EDGAR on March 1, 2004, File No. 333-60461, Accession Number 0001193125-04-032150. |
10 |
Filed as Exhibit 4(x) as part of Post-Effective Amendment No. 28 to the Registration Statement on Form N-6 via EDGAR on December 23, 2007, File No. 333-60461, Accession Number 0000892569-05-001357. |
|
11 |
Filed as part of the Registration Statement on Form N-6 via EDGAR on April 4, 2008, File No. 333 - 150092, Accession Number 0000892569-08-000513. | |
12 |
Filed as part of the Registration Statement on Form N-6 via EDGAR on July 9, 2008, File No. 333-152224, Accession Number 0000892569-08-000978. | |
13 |
Filed as part of the Registration Statement on Form N-6 via EDGAR on February 13, 2009, File No. 333-152224, Accession Number 0000892569-09-000079. | |
14 |
Filed as part of Post-Effective Amendment No. 4 to the Registration Statement on Form N-6 via EDGAR on April 22, 2009, File No. 333-152224, Accession Number 0000892569-09-000468. |
15 |
Filed as part of Post-Effective Amendment No. 7 to the Registration Statement on Form N-6 via EDGAR on January 29, 2010, File No. 333-152224, Accession Number 0000950123-10-006280. | |
16 |
Filed as part of Post-Effective Amendment No. 9 to the Registration Statement on Form N-6 via EDGAR on April 26, 2010, File No. 333-152224, Accession Number 0000950123-10-038296. | |
Name and Address | Positions and Offices with Pacific Life | |
James T. Morris | Director, Chairman, President and Chief Executive Officer | |
Khanh T. Tran | Director, Executive Vice President and Chief Financial Officer | |
Sharon A. Cheever | Director, Senior Vice President and General Counsel | |
Audrey L. Milfs | Director, Vice President and Secretary | |
Michael A. Bell |
Executive Vice President | |
Edward R. Byrd | Senior Vice President and Chief Accounting Officer | |
Denis P. Kalscheur | Senior Vice President and Treasurer | |
Brian D. Klemens | Vice President and Controller |
The address for each of the persons listed above is as follows:
700 Newport Center Drive
Newport Beach, California 92660
Jurisdiction of | Percentage of | |||||||
Incorporation or | Ownership by its | |||||||
Organization | Immediate Parent | |||||||
Pacific Mutual Holding Company |
Nebraska | |||||||
Pacific LifeCorp |
Delaware | 100 | ||||||
Pacific Life Insurance Company |
Nebraska | 100 | ||||||
Pacific Life & Annuity Company |
Arizona | 100 | ||||||
Pacific Select Distributors, Inc. |
California | 100 | ||||||
Pacific Select, LLC |
Delaware | 100 | ||||||
Pacific Asset Holding LLC |
Delaware | 100 | ||||||
Pacific
TriGuard Partners LLC # |
Delaware | 100 | ||||||
Grayhawk Golf Holdings, LLC |
Delaware | 95 | ||||||
Grayhawk Golf L.L.C. |
Arizona | 100 | ||||||
Las Vegas Golf I, LLC |
Delaware | 100 | ||||||
Angel Park Golf, LLC |
Nevada | 100 | ||||||
CW Atlanta, LLC |
Delaware | 100 | ||||||
City Walk Towers, LLC |
Delaware | 100 | ||||||
Kierland
One, LLC |
Delaware | 100 | ||||||
Kinzie Member, LLC |
Delaware | 100 | ||||||
Parcel B Owner LLC |
Delaware | 88 | ||||||
Kinzie Parcel A Member, LLC |
Delaware | 100 | ||||||
Parcel A Owner LLC |
Delaware | 90 | ||||||
PL/KBS Fund Member, LLC |
Delaware | 100 | ||||||
KBS/PL
Properties, L.P. # |
Delaware | 99.9 | ||||||
Wildflower Member, LLC |
Delaware | 100 | ||||||
Epoch-Wildflower, LLC |
Florida | 99 | ||||||
Confederation Life Insurance and Annuity Company |
Georgia | 100 | ||||||
Pacific Life Fund Advisors LLC + |
Delaware | 100 | ||||||
Pacific Alliance Reinsurance Company of Vermont |
Vermont | 100 | ||||||
Pacific Mezzanine Associates L.L.C. |
Delaware | 67 | ||||||
Pacific Mezzanine Investors L.L.C. # |
Delaware | 100 | ||||||
Aviation Capital Group Corp. |
Delaware | 100 | ||||||
ACG Acquisition Corporation V |
Delaware | 100 | ||||||
ACG Acquisition 41 LLC |
Delaware | 100 | ||||||
ACG Acquisition 42 LLC |
Delaware | 100 | ||||||
ACG Acquisition 4063 LLC |
Delaware | 100 | ||||||
ACG Acquisition 4084 LLC |
Delaware | 100 | ||||||
ACG Acquisition 29677 LLC |
Delaware | 100 | ||||||
ACG International Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition Ireland III Limited |
Ireland | 100 | ||||||
ACG Acquisition Ireland IV Ltd. |
Ireland | 100 | ||||||
ACG Acquisition Ireland V Ltd. |
Ireland | 100 | ||||||
ACG
Investment Capital Partners LLC |
Delaware | 50 | ||||||
ACG Acquisition VI LLC |
Nevada | 50 | ||||||
ACG Acquisition XIX LLC |
Delaware | 20 | ||||||
ACG XIX Holding LLC |
Delaware | 100 | ||||||
Aviation Capital Group Trust |
Delaware | 100 | ||||||
ACG Acquisition XV LLC |
Delaware | 100 | ||||||
ACG Acquisition XX LLC |
Delaware | 100 | ||||||
ACG Acquisition Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition Labuan Ltd. |
Labuan | 100 | ||||||
ACG Acquisitions Sweden AB |
Sweden | 100 | ||||||
ACG
Acquisition (Bermuda) Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition XXI LLC |
Delaware | 100 | ||||||
ACG Trust 2004 -1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2004-1 |
Delaware | 100 | ||||||
ACG 2004-1
Bermuda Limited |
Bermuda | 100 | ||||||
ACG Acquisition 30746 LLC |
Delaware | 100 | ||||||
ACG
Acquisition Ireland 2004-1 Limited |
Ireland | 100 | ||||||
ACG Trust II Holding LLC |
Delaware | 100 | ||||||
Aviation Capital Group Trust II |
Delaware | 100 | ||||||
ACG Acquisition XXV LLC |
Delaware | 100 | ||||||
ACG Acquisition 37 LLC |
Delaware | 100 | ||||||
ACG Acquisition 38 LLC |
Delaware | 100 | ||||||
ACG Acquisition Ireland II Limited |
Ireland | 100 | ||||||
ACG Acquisition (Bermuda) II Ltd. |
Bermuda | 100 | ||||||
ACG Acquisition XXIX LLC |
Delaware | 100 | ||||||
ACG Acquisition XXX LLC |
Delaware | 100 | ||||||
ACG Acquisition 31 LLC |
Delaware | 100 | ||||||
ACG Acquisition 32 LLC |
Delaware | 100 | ||||||
ACG Acquisition 33 LLC |
Delaware | 100 | ||||||
ACG Acquisition 34 LLC |
Delaware | 100 | ||||||
ACG Acquisition 36 LLC |
Delaware | 100 | ||||||
ACG Acquisition 39 LLC |
Delaware | 100 | ||||||
ACGFS LLC |
Delaware | 100 | ||||||
ACG Acquisition 35 LLC |
Delaware | 100 | ||||||
Boullioun Aviation Services Inc. |
Washington | 100 | ||||||
Boullioun Aviation Services (International) Inc. |
Washington | 100 | ||||||
Boullioun Aircraft Holding Company, Inc. |
Washington | 100 | ||||||
Boullioun Portfolio Finance III LLC |
Nevada | 100 | ||||||
ACG Funding 2005-1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2005-1 |
Delaware | 100 | ||||||
ACG III Holding LLC |
Delaware | 100 | ||||||
ACG Trust III |
Delaware | 100 | ||||||
RAIN I LLC |
Delaware | 100 | ||||||
RAIN II LLC |
Delaware | 100 | ||||||
RAIN III LLC |
Delaware | 100 | ||||||
RAIN IV LLC |
Delaware | 100 | ||||||
RAIN V LLC |
Delaware | 100 | ||||||
RAIN VI LLC |
Delaware | 100 | ||||||
RAIN VII LLC |
Delaware | 100 | ||||||
RAIN VIII LLC |
Delaware | 100 | ||||||
ACG Acquisition 30271 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30286 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30744 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30745 LLC |
Delaware | 100 | ||||||
ACG
Acquisition 30289 LLC |
Delaware | 100 | ||||||
ACG Acquisition 30293 LLC |
Delaware | 100 | ||||||
ACG Acquisition 1176 LLC |
Delaware | 100 | ||||||
0168 Statutory Trust |
Connecticut | 100 | ||||||
0179 Statutory Trust |
Connecticut | 100 | ||||||
Bellevue Aircraft Leasing Limited |
Ireland | 100 | ||||||
Rainier Aircraft Leasing (Ireland) Limited |
Ireland | 100 | ||||||
ACG Acquisition (Cyprus) Ltd. |
Cyprus | 100 | ||||||
ACG
Acquisition (Bermuda) III Ltd. |
Bermuda | 100 | ||||||
ACG 2006-ECA LLC |
Delaware | 100 | ||||||
ACG Acquisition 2692 LLC |
Delaware | 100 | ||||||
ACG ECA-2006 Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition 2987 LLC |
Delaware | 100 | ||||||
ACG Acquisition 3141 LLC |
Delaware | 100 | ||||||
ACG Acquisition Aruba NV |
Aruba | 100 | ||||||
ACG Trust 2006-1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2006-1 |
Delaware | 100 | ||||||
ACG Capital Partners LLC |
Delaware | 50 | ||||||
Bellevue Coastal Leasing LLC |
Washington | 100 | ||||||
ACG Capital Partners Ireland Limited |
Ireland | 100 | ||||||
ACG Acquisition 30288 LLC |
Delaware | 100 | ||||||
ACGCP Acquisition 979 LLC |
Delaware | 100 | ||||||
ACG Trust 2009-1 Holding LLC |
Delaware | 100 | ||||||
ACG Funding Trust 2009-1 |
Delaware | 100 | ||||||
College Savings Bank |
New Jersey | 100 | ||||||
Pacific Asset Funding, LLC |
Delaware | 100 | ||||||
PL Trading Company, LLC |
Delaware | 100 | ||||||
Pacific Life Trade Services, Limited |
Hong Kong | 100 | ||||||
Pacific Life & Annuity Services, Inc. |
Colorado | 100 | ||||||
Bella Sera Holdings, LLC |
Delaware | 100 | ||||||
Pacific Life Re Holdings LLC |
Delaware | 100 | ||||||
Pacific Life Re Holdings Limited |
U.K. | 100 | ||||||
Pacific Life
Re Services Limited |
U.K. | 100 | ||||||
Pacific Life
Re Limited |
U.K. | 100 | ||||||
Pacific Alliance Reinsurance Ltd. |
Bermuda | 100 |
# | Abbreviated structure |
|
+ | A Division of Pacific Life Fund Advisors LLC does business as Pacific Asset Management | |
Item 29. Indemnification
(a) | The Distribution Agreement between Pacific Life and Pacific Select
Distributors, Inc. (PSD) provides substantially as follows:
Pacific Life hereby agrees to indemnify and hold harmless PSD and its officers and directors, and employees for any expenses (including legal expenses), losses, claims, damages, or liabilities incurred by reason of any untrue or alleged untrue statement or representation of a material fact or any omission or alleged omission to state a material fact required to be stated to make other statements not misleading, if made in reliance on any prospectus, registration statement, post-effective amendment thereof, or sales materials supplied or approved by Pacific Life or the Separate Account. Pacific Life shall reimburse each such person for any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, liability, damage, or claim. However, in no case shall Pacific Life be required to indemnify for any expenses, losses, claims, damages, or liabilities which have resulted from the willful misfeasance, bad faith, negligence, misconduct, or wrongful act of PSD. |
|
PSD hereby agrees to indemnify and hold harmless Pacific Life, its officers, directors, and employees, and the Separate Account for any expenses, losses, claims, damages, or liabilities arising out of or based upon any of the following in connection with the offer or sale of the contracts: (1) except for such statements made in reliance on any prospectus, registration statement or sales material supplied or approved by Pacific Life or the Separate Account, any untrue or alleged untrue statement or representation is made; (2) any failure to deliver a currently effective prospectus; (3) the use of any unauthorized sales literature by any officer, employee or agent of PSD or Broker; (4) any willful misfeasance, bad faith, negligence, misconduct or wrongful act. PSD shall reimburse each such person for any legal or other expenses reasonably incurred in connection with investigating or defending any such loss, liability, damage, or claim. | ||
(b) | The Form of Selling Agreement between Pacific Life, Pacific Select Distributors, Inc. (PSD) and Various Broker-Dealers provides substantially as follows: | |
Pacific Life and PSD agree to indemnify and hold harmless Selling Broker-Dealer and General Agent, their officers, directors, agents and employees, against any and all losses, claims, damages or liabilities to which they may become subject under the 1933 Act, the 1934 Act, or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission to state a material fact required to be stated or necessary to make the statements made not misleading in the registration statement for the Contracts or for the shares of Pacific Select Fund (the “Fund”) filed pursuant to the 1933 Act, or any prospectus included as a part thereof, as from time to time amended and supplemented, or in any advertisement or sales literature approved in writing by Pacific Life and PSD pursuant to Section IV.E. Of this Agreement. | ||
Selling Broker-Dealer and General Agent agree to indemnify and hold harmless Pacific Life, the Fund and PSD, their officers, directors, agents and employees, against any and all losses, claims, damages or liabilities to which they may become subject under the 1933 Act, the 1934 Act or other federal or state statutory law or regulation, at common law or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon: (a) any oral or written misrepresentation by Selling Broker- Dealer or General Agent or their officers, directors, employees or agents unless such misrepresentation is contained in the registration statement for the Contracts or Fund shares, any prospectus included as a part thereof, as from time to time amended and supplemented, or any advertisement or sales literature approved in writing by Pacific Life and PSD pursuant to Section IV.E. of this Agreement, (b) the failure of Selling Broker-Dealer or General Agent or their officers, directors, employees or agents to comply with any applicable provisions of this Agreement or (c) claims by Sub-agents or employees of General Agent or Selling Broker-Dealer for payments of compensation or remuneration of any type. Selling Broker-Dealer and General Agent will reimburse Pacific Life or PSD or any director, officer, agent or employee of either entity for any legal or other expenses reasonably incurred by Pacific Life, PSD, or such officer, director, agent or employee in connection with investigating or defending any such loss, claims, damages, liability or action. This indemnity agreement will be in addition to any liability which Broker-Dealer may otherwise have. |
Item 30. Principal Underwriters
(a) | PSD also acts as principal underwriter for Pacific Select Variable Annuity Separate Account, Separate Account A, Separate Account B, Pacific Corinthian Variable Separate Account, Pacific Select Separate Account, Pacific Select Exec Separate Account, COLI Separate Account, COLI II Separate Account, COLI III Separate Account, COLI IV Separate Account, COLI V Separate Account, Separate Account A of Pacific Life & Annuity Company, Pacific Select Exec Separate Account of Pacific Life & Annuity Company, Separate Account I of Pacific Life Insurance Company, Separate Account I of Pacific Life & Annuity Company. | |
(b) | For information regarding PSD, reference is made to Form B-D, SEC File No. 8-15264, which is herein incorporated by reference. | |
(c) | PSD retains no compensation or net discounts or commissions from the Registrant. | |
Item 31. Location of Accounts and Records
The accounts, books and other documents required to be maintained by Registrant pursuant to Section 31(a) of the Investment Company Act of 1940 and the rules under that section will be maintained by Pacific Life at 700 Newport Center Drive, Newport Beach, California 92660.
Item 32. Management Services
Not applicable
Item 33. Fee Representation
REPRESENTATION PURSUANT TO SECTION 26(f) OF THE INVESTMENT COMPANY ACT OF 1940: Pacific Life Insurance Company and Registrant represent that the fees and charges to be deducted under the Variable Life Insurance Policy described in the prospectus contained in this registration statement are, in the aggregate, reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed in connection with the Contract.
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 Registration Statement under Rule 485 (b) under the Securities Act of 1933 and has duly caused this Post-Effective Amendment No. 10 to the Registration Statement on Form N-6 to be signed on its behalf by the undersigned, duly authorized, in the City of Newport Beach, and State of California on the day of September 17, 2010.
PACIFIC SELECT EXEC SEPARATE ACCOUNT | ||||
(Registrant) | ||||
BY: | PACIFIC LIFE INSURANCE COMPANY | |||
BY: | ||||
James T. Morris* | ||||
Director, Chairman, President and Chief Executive Officer | ||||
BY: | PACIFIC LIFE INSURANCE COMPANY | |||
(Depositor) | ||||
BY: | ||||
James T. Morris* | ||||
Director, Chairman, President and Chief Executive Officer |
Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment No. 10 to the Registration Statement has been signed below by the following persons in the capacities and on the dates indicated:
Signature | Title | Date | ||||
James T. Morris* |
Director, Chairman, President and Chief Executive Officer |
September 17, 2010 |
||||
Khanh T. Tran* |
Director, Executive Vice President and Chief Financial Officer |
September 17, 2010 |
||||
Sharon A. Cheever* |
Director, Senior Vice President and General Counsel |
September 17, 2010 |
||||
Audrey L. Milfs* |
Director, Vice President and Secretary |
September 17, 2010 |
||||
Michael A. Bell* |
Executive Vice President |
September 17, 2010 |
||||
Edward R. Byrd* |
Senior Vice President and Chief Accounting Officer |
September 17, 2010 |
||||
Denis P. Kalscheur* |
Senior Vice President and Treasurer |
September 17, 2010 |
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Brian D. Klemens* |
Vice President and Controller |
September 17, 2010 |
*By: | /s/ SHARON A. CHEEVER | September 17, 2010 | ||
Sharon A. Cheever | ||||
as attorney-in-fact | ||||
(Power of Attorney is contained as Exhibit 18 in Post-Effective Amendment No. 4 to the Registration Statement on Form N-6 for the Pacific Select Exec Separate Account, filed on April 22, 2009, File No. 333-152224, Accession Number 0000892569-09-000468, and incorporated by reference herein.)
This ‘485BPOS’ Filing | Date | Other Filings | ||
---|---|---|---|---|
1/1/11 | ||||
10/29/10 | ||||
Effective on: | 9/20/10 | 485BPOS | ||
Filed as of: | 9/17/10 | 485BPOS | ||
Filed on: | 9/16/10 | 485BPOS | ||
5/1/10 | 485BPOS | |||
4/26/10 | 485BPOS | |||
1/29/10 | 485APOS | |||
4/22/09 | 485BPOS | |||
2/13/09 | 485APOS | |||
7/9/08 | N-6 | |||
4/4/08 | N-6 | |||
12/23/07 | ||||
9/28/07 | 485BPOS | |||
4/16/07 | 485BPOS | |||
12/23/05 | 485APOS | |||
12/6/05 | 485BPOS | |||
9/1/05 | ||||
4/19/05 | 485BPOS | |||
2/10/05 | 485BPOS | |||
9/10/04 | N-6 | |||
3/1/04 | 485APOS, NSAR-U | |||
1/26/93 | ||||
List all Filings |