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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 5/22/23 Separate Account No. 49 485BPOS 5/22/23 5:711K Donnelley … Solutions/FA → Separate Acct No. 49 ⇒ 7 Classes/Contracts |
Document/Exhibit Description Pages Size
1: 485BPOS Separate Account 49 HTML 388K
2: EX-99.(K) Opinion and Consent of Shane Daly HTML 9K
3: EX-99.(L)(A) Consent of Pricewaterhousecoopers HTML 6K
4: EX-99.(L)(B) Powers of Attorney HTML 46K
5: EX-99.29 Equitable Holdings, Inc. - Subsidiary Organization HTML 235K
Chart Q1-2023
| Separate Account 49 |
As filed with the Securities and Exchange Commission on May 22, 2023
REGISTRATION NO. 333-64749
REGISTRATION NO. 811-07659
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-4
REGISTRATION STATEMENT
UNDER
| THE SECURITIES ACT OF 1933 | ☒ | |||
| Pre-Effective Amendment No. | ☐ | |||
| Post-Effective Amendment No. 96 | ☒ |
AND/OR
REGISTRATION STATEMENT
UNDER
| THE INVESTMENT COMPANY ACT OF 1940 | ☒ |
| Amendment No. 500 | ☒ |
(Check appropriate box or boxes)
SEPARATE ACCOUNT NO. 49
(Exact Name of Registrant)
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
(Name of Depositor)
1290 Avenue of the Americas, New York, New York 10104
(Address of Depositor’s Principal Executive Offices)
Depositor’s Telephone Number, including Area Code: (212) 554-1234
VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
Equitable Financial Life Insurance Company
1290 Avenue of the Americas, New York, New York 10104
(Name and Address of Agent for Service)
Approximate Date of Proposed Public Offering: Continuous.
It is proposed that this filing will become effective (check appropriate box):
| ☒ | Immediately upon filing pursuant to paragraph (b) of Rule 485 |
| ☐ | On (date) pursuant to paragraph (b) of Rule 485. |
| ☐ | 60 days after filing pursuant to paragraph (a)(1) of Rule 485. |
| ☐ | On (date) pursuant to paragraph (a)(1) of Rule 485. |
If appropriate, check the following box:
| ☐ | This post-effective amendment designates a new effective date for previously filed post-effective amendment. |
Title of Securities Being Registered:
Units of interest in Separate Account under variable annuity contracts.
EXPLANATORY NOTE
The prospectuses included in the Post-Effective Amendment No. 95 to the Registration Statement on Form N-4 (File Nos. 333-64749 and 811-07659) filed on April 21, 2023 pursuant to paragraph (b) of Rule 485 are incorporated herein by reference. This filing amends the Statement of Additional Information to provide recast financial statements for Equitable Financial Life Insurance Company filed on Form N-VPFS/A.
The Accumulator® Series
A combination variable and fixed individual and group flexible premium deferred annuity contract
Statement of Additional Information
May 1, 2023, as amended May 22, 2023
This Statement of Additional Information (“SAI”) is not a Prospectus. It should be read in conjunction with the related Accumulator® Series Prospectus, dated May 1, 2023. That Prospectus provides detailed information concerning the contracts and the variable investment options, the fixed maturity options (if available under your contracts) and the guaranteed interest option that fund the contracts. Each variable investment option is a subaccount of the Company’s Separate Account No. 49. Definitions of special terms used in the SAI are found in the Prospectus.
A copy of the Prospectus is available free of charge by writing the processing office (Retirement Service Solutions — P.O. Box 1016, Charlotte, NC 28201), by calling 1-800-789-7771 toll free, or by contacting your financial professional.
We are Equitable Financial Life Insurance Company (the “Company”, “we”, “our” and “us”) (until 2020, known as AXA Equitable Life Insurance Company), a New York stock life insurance corporation. We have been doing business since 1859. The Company is an indirect wholly owned subsidiary of Equitable Holdings, Inc. No other company has any legal responsibility to pay amounts that the Company owes under the contracts. The Company is solely responsible for paying all amounts owed to you under the contract.
Unit values are determined at the end of each valuation period for each of the variable investment options. We may offer other annuity contracts and certificates which will have their own unit values for the variable investment options. They may be different from the unit values for the Accumulator® Series.
The unit value for a variable investment option for any valuation period is equal to: (i) the unit value for the preceding valuation period multiplied by (ii) the net investment factor for that option for that valuation period. A valuation period is each business day together with any preceding non-business days. The net investment factor is:
| ( |
a |
) |
c | |||||||||
| b |
where:
| (a) | is the value of the variable investment option’s shares of the corresponding portfolio at the end of the valuation period. Any amounts allocated to or withdrawn from the option for the valuation period are not taken into account. For this purpose, we use the share value reported to us by the Trusts (as described in the Prospectus), as applicable. |
| (b) | is the value of the variable investment option’s shares of the corresponding portfolio at the end of the preceding valuation period. (Any amounts allocated or withdrawn for that valuation period are taken into account.) |
| (c) | is the daily mortality and expense risks charge, administrative charge and any applicable distribution charge relating to the contracts, times the number of calendar days in the valuation period. These daily charges are at an effective annual rate not to exceed a total of 1.70%. Your contract charges may be less. |
The Company is the custodian for the shares of the Trusts owned by Separate Account No. 49.
Independent Registered Public Accounting Firm
The (i) financial statements of each of the variable investment options of Separate Account No. 49 as of December 31, 2022 and for each of the periods indicated therein and the (ii) consolidated financial statements and financial statement schedules of Equitable Financial Life Insurance Company as of December 31, 2022 and 2021 and for each of the three years in the period ended December 31, 2022 incorporated in this SAI by reference to the filed Form N-VPFS (for Separate Account No. 49) and Form N-VPFS/A (for Equitable Financial Life Insurance Company) have been so incorporated in reliance on the reports of PricewaterhouseCoopers LLP, an independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting.
PricewaterhouseCoopers LLP provides independent audit services and certain other non-audit services to Equitable Financial Life Insurance Company as permitted by the applicable SEC independence rules, and as disclosed in Equitable Financial Life Insurance Company’s Form 10-K. PricewaterhouseCoopers LLP’s address is 300 Madison Avenue, New York, New York 10017.
| Accumulator® ‘02/’04,‘06/’06.5,’07/’07.5, 8.0/8.2/8.3, 9.0 | ||
| #353621 |
Under a distribution agreement between Equitable Distributors, the Company and certain of the Company’s separate accounts, including Separate Account No. 70, the Company paid Equitable Distributors distribution fees of $535,080,397 in 2022, $589,621,128 in 2021 and $436,620,636 in 2020, as the distributor of certain contracts, including these contracts, and as the principal underwriter of several Company separate accounts, including Separate Account No. 70. Of these amounts, for each of these three years, Equitable Distributors retained $0, $0 and $0, respectively.
Pursuant to a Distribution and Servicing Agreement between Equitable Advisors, the Company and certain of the Company’s separate accounts, including Separate Account No. 70, the Company paid Equitable Advisors, as the distributors of certain contracts, including these contracts, and as the principal underwriter of several Company separate accounts, including Separate Account No. 70, $628,586,635 in 2022, $633,967,608 in 2021 and $542,543,314 in 2020. Of these amounts, Equitable Advisors retained $286,917,091, $282,627,531 and $239,488,181, respectively.
The financial statements and financial statement schedules of the Company incorporated herein should be considered only as bearing upon the ability of the Company to meet its obligations under the contracts.
The financial statements of Separate Account No. 49 list variable investment options not currently offered under this contract.
2
PART C
OTHER INFORMATION
| Item 27. | Exhibits |
| (a) | Board of Directors Resolutions. |
| (b) | Custodial Agreements. Not Applicable. |
| (c) | Underwriting Contracts. |
| (a) |
| (a)(i) |
| (a)(ii) |
| (a)(iii) |
| (a)(iv) |
| (b) |
| (c) |
| (d) |
| (d)(i) |
| (d)(ii) |
| (d)(iii) |
| (d)(iv) |
| (d)(v) |
| (d)(vi) |
| (d)(vii) |
| (d)(viii) |
| (d)(ix) |
| (d)(x) |
| (d)(xi) |
| (d)(xii) |
| (d)(xiii) |
| (d)(xiv) |
| (d)(xv) |
| (d)(xvi) |
| (d)(xvii) |
| (d)(xviii) |
| (d)(xix) |
| (d)(xx) |
| (e) |
| (f) |
| (g) |
C-2
| (d) | Contracts. (Including Riders and Endorsements) |
| (a) |
| (b) |
| (c) |
C-3
| (d) |
| (e) |
| (f) |
| (g) |
| (h) |
| (i) |
| (j) |
| (k) |
| (l) |
| (m) |
| (n) |
| (o) |
| (p) |
| (q) |
| (r) |
| (s) |
| (t) |
C-4
| (u) |
| (v) |
| (w) |
| (x) |
| (y) |
| (z) |
| (a)(a) |
| (b)(b) |
| (c)(c) |
| (d)(d) |
| (e)(e) |
| (f)(f) |
| (g)(g) |
| (h)(h) |
| (i)(i) |
| (j)(j) |
| (k)(k) |
| (l)(l) |
| (m)(m) |
| (n)(n) |
C-5
| (o)(o) |
| (p)(p) |
| (q)(q) |
| (r)(r) |
| (s)(s) |
| (t)(t) |
| (u)(u) |
| (v)(v) |
| (w)(w) |
| (x)(x) |
| (y)(y) |
| (z)(z) |
| (a)(a)(a) |
| (b)(b)(b) |
| (c)(c)(c) |
| (d)(d)(d) |
C-6
| (e)(e)(e) |
| (f)(f)(f) |
| (g)(g)(g) |
| (h)(h)(h) |
| (i)(i)(i) |
| (j)(j)(j) |
| (k)(k)(k) |
| (l)(l)(l) |
| (m)(m)(m) |
| (n)(n)(n) |
| (o)(o)(o) |
| (p)(p)(p) |
| (q)(q)(q) |
| (r)(r)(r) |
| (s)(s)(s) |
| (t)(t)(t) |
| (u)(u)(u) |
| (v)(v)(v) |
C-7
| (w)(w)(w) |
| (x)(x)(x) |
| (y)(y)(y) |
| (z)(z)(z) |
| (a)(a)(b) |
| (a)(a)(c) |
| (a)(a)(d) |
| (a)(a)(e) |
| (a)(a)(f) |
| (a)(a)(g) |
| (a)(a)(h) |
| (a)(a)(i) |
| (a)(a)(j) |
| (a)(a)(k) |
| (a)(a)(l) |
| (a)(a)(m) |
| (a)(a)(n) |
| (a)(a)(o) |
| (a)(a)(p) |
| (a)(a)(q) |
| (a)(a)(r) |
| (a)(a)(s) |
C-8
| (a)(a)(t) |
| (a)(a)(u) |
| (a)(a)(v) |
| (a)(a)(w) |
| (a)(a)(x) |
| (a)(a)(y) |
| (a)(a)(z) |
| (a)(b)(a) |
| (a)(b)(c) |
| (a)(b)(d) |
| (a)(b)(e) |
| (a)(b)(f) |
| (a)(b)(g) |
| (a)(b)(h) |
| (a)(b)(i) |
| (a)(b)(j) |
| (a)(b)(k) |
| (a)(b)(l) |
C-9
| (a)(b)(m) |
| (a)(b)(n) |
| (a)(b)(o) |
| (a)(b)(p) |
| (a)(b)(q) |
| (a)(b)(r) |
| (a)(b)(s) |
| (a)(b)(t) |
| (a)(b)(u) |
| (a)(b)(v) |
| (a)(b)(w) |
| (a)(b)(x) |
| (a)(b)(y) |
| (a)(b)(z) |
| (a)(c)(a) |
| (a)(c)(b) |
| (a)(c)(c) |
| (a)(c)(d) |
C-10
| (a)(c)(e) |
| (a)(c)(f) |
| (a)(c)(g) |
| (a)(c)(h) |
| (a)(c)(i) |
| (a)(c)(j) |
| (a)(c)(k) |
| (a)(c)(l) |
| (a)(c)(m) |
| (a)(c)(n) |
| (a)(c)(o) |
| (a)(c)(p) |
| (a)(c)(q) |
| (a)(c)(r) |
| (a)(c)(s) |
| (a)(c)(t) |
| (a)(c)(u) |
| (a)(c)(v) |
| (a)(c)(w) |
C-11
| (a)(c)(x) |
| (a)(c)(y) |
| (a)(c)(z) |
| (a)(d)(a) |
| (a)(d)(b) |
| (a)(d)(c) |
| (a)(d)(d) |
| (a)(d)(e)(i) |
| (a)(d)(e)(ii) |
| (a)(d)(f) |
| (a)(d)(g) |
| (a)(d)(h) |
| (a)(d)(i) |
| (a)(d)(j) |
| (a)(d)(k) |
| (a)(d)(l) |
| (a)(d)(m) |
| (a)(d)(n)(i) |
| (a)(d)(n)(ii) |
| (a)(d)(p) |
| (a)(d)(q) |
| (a)(d)(r) |
| (a)(d)(s) |
| (a)(d)(t) |
| (a)(d)(u) |
| (a)(d)(v) |
| (a)(d)(w) |
| (a)(d)(x) |
| (a)(d)(y) |
| (a)(d)(z) |
| (a)(e)(a) |
| (a)(e)(b) |
| (a)(e)(c) |
| (a)(e)(d) |
| (a)(e)(e) |
| (a)(e)(f) |
| (a)(e)(g) |
| (a)(e)(h) |
| (a)(e)(i) |
| (a)(e)(j) |
| (e) | Applications. |
| (a) |
| (b) |
| (c) |
| (d) |
C-12
C-13
| (l) | Other Opinions. |
| (a) |
| (b) |
| (m) | Omitted Financial Statements. Not applicable. |
| (n) | Initial Capital Agreements. Not applicable. |
| (o) | Form of Initial Summary Prospectus. Not applicable. |
C-14
ITEM 28. DIRECTORS AND OFFICERS OF THE DEPOSITOR.
Set forth below is information regarding the directors and principal officers of the Depositor. The Depositor’s address is 1290 Avenue of the Americas, New York, New York 10104. The business address of the persons whose names are preceded by an asterisk is that of the Depositor.
| NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH THE DEPOSITOR | |
| DIRECTORS | ||
| Francis Hondal | Director | |
| 10050 W. Suburban Drive | ||
| Pinecrest, FL 33156 | ||
| Arlene Isaacs-Lowe | Director | |
| 1830 South Ocean Drive, #1411 | ||
| Hallandale, FL 33009 | ||
| Daniel G. Kaye | Director | |
| 767 Quail Run | ||
| Inverness, IL 60067 | ||
| Joan Lamm-Tennant | Director | |
| 135 Ridge Common | ||
| Fairfield, CT 06824 | ||
| Craig MacKay | Director | |
| England & Company | ||
| 1133 Avenue of the Americas | ||
| Suite 2719 | ||
| New York, NY 10036 | ||
| Kristi A. Matus | Director | |
| 47-C Dana Road | ||
| Boxford, MA 02116 | ||
| Bertram L. Scott | Director | |
| 3601 Hampton Manor Drive | ||
| Charlotte, NC 28226 | ||
| George Stansfield | Director | |
| AXA | ||
| 25, Avenue Matignon | ||
| 75008 Paris, France | ||
| Charles G.T. Stonehill | Director | |
| Founding Partner | ||
| Green & Blue Advisors | ||
| 20 East End Avenue, Apt. 5C | ||
| New York, New York 10028 | ||
| 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 Holllister-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 | |
C-15
| Item 29. | Persons Controlled by or Under Common Control with the Insurance Company or Registrant. |
Separate Account No. 49 (the “Separate Account”) is a separate account of Equitable Financial Life Insurance Company. Equitable Financial Life Insurance Company, a New York stock life insurance company, is an indirect wholly owned subsidiary of Equitable Holdings, Inc. (the “Holding Company”).
Set forth below is the subsidiary chart for the Holding Company:
C-16
| Item 30. | Indemnification |
| (a) | Indemnification of Directors and Officers |
The By-Laws of Equitable Financial Life Insurance Company (the “Company”) provide, in Article VII, as follows:
| 7.4 | Indemnification of Directors, Officers and Employees. (a) To the extent permitted by the law of the State of New York and subject to all applicable requirements thereof: |
| (i) | any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, is or was a director, officer or employee of the Company shall be indemnified by the Company; |
| (ii) | any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate, serves or served any other organization in any capacity at the request of the Company may be indemnified by the Company; and |
| (iii) | the related expenses of any such person in any of said categories may be advanced by the Company. |
| (b) | To the extent permitted by the law of the State of New York, the Company may provide for further indemnification or advancement of expenses by resolution of shareholders of the Company or the Board of Directors, by amendment of these By-Laws, or by agreement. (Business Corporation Law ss. 721-726; Insurance Law ss. 1216) |
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.
| (b) | Indemnification of Principal Underwriters |
To the extent permitted by law of the State of New York and subject to all applicable requirements thereof, Equitable Distributors, LLC and Equitable Advisors, LLC have undertaken to indemnify each of its respective directors and officers who is made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact the director or officer, or his or her testator or intestate, is or was a director or officer of Equitable Distributors, LLC and Equitable Advisors, LLC.
| (c) | Undertaking |
Insofar as indemnification for liability arising under the Securities Act of 1933 (“Act”) 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 against such liabilities (other than the payment by the registrant of expenses 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 31. 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. 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 | |
| *Dusten Long | Vice President | |
| *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 and Assistant Treasurer | |
| *Constance (Connie) Weaver | Vice President | |
| *Tony Richardson | Principal Operations Officer | |
| *Michael Brudoley | Secretary | |
| *Christine Medy | Assistant Secretary | |
| *Francesca Divone | Assistant Secretary | |
| (ii) | EQUITABLE DISTRIBUTORS, LLC |
| NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH UNDERWRITER | |
| *Nicholas B. Lane | Director, Chairman of the Board, President 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 | |
| *Alfred Ayensu-Ghartey | 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 | |
| *Jonathan Zales | Senior Vice President | |
| *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 |
||
| (c) |
| Name of Principal Underwriter |
Net Underwriting Discounts |
Compensation on Redemption |
Brokerage Commission |
Other Compensation | ||||
| Equitable Advisors, LLC |
N/A | $0 | $0 | $0 | ||||
| Equitable Distributors, LLC |
N/A | $0 | $0 | $0 |
C-17
| Item 32. | Location of Accounts and Records |
This information is omitted as it is provided in Registrant’s most recent report on Form N-CEN.
| Item 33. | Management Services |
Not applicable.
| Item 34. | Fee Representation |
The Depositor represents that the fees and charges deducted under the Contracts described in this Registration Statement, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by the Depositor under the respective Contracts.
The Registrant hereby represents that it is relying on the November 28, 1988 no-action letter (Ref. No. IP-6-88) relating to variable annuity contracts offered as funding vehicles for retirement plans meeting the requirements of Section 403(b) of the Internal Revenue Code. Registrant further represents that it will comply with the provisions of paragraphs (1)-(4) of that letter.
C-18
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets the requirements of Securities Act Rule 485(b) for effectiveness of this Amendment to the Registration Statement and has duly caused this Amendment to the Registration Statement to be signed on its behalf, in the City and State of New York, on this 22nd day of May, 2023.
| SEPARATE ACCOUNT NO. 49 | ||
| (Registrant) | ||
| Equitable Financial Life Insurance Company | ||
| (Depositor) | ||
| By: | /s/ Shane Daly | |
| Shane Daly | ||
| Vice President and Associate General Counsel | ||
SIGNATURES
As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the date indicated:
| PRINCIPAL EXECUTIVE OFFICER: | ||
| *Mark Pearson | Chief Executive Officer and Director | |
| PRINCIPAL FINANCIAL OFFICER: | ||
| *Robin Raju | Chief Financial Officer | |
| PRINCIPAL ACCOUNTING OFFICER: | ||
| *William Eckert | Chief Accounting Officer | |
| *DIRECTORS: | ||||||||
| Francis Hondal | Craig MacKay | Bertram Scott | ||||||
| Arlene Isaacs-Lowe | Kristi Matus | George Stansfield | ||||||
| Daniel G. Kaye | Mark Pearson | Charles G.T. Stonehill | ||||||
| Joan Lamm-Tennant | ||||||||
| *By: | /s/ Shane Daly | |
| Shane Daly | ||
| Attorney-in-Fact | ||
| May 22, 2023 |
| This ‘485BPOS’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on / Effective on: | 5/22/23 | 485BPOS | ||
| 5/1/23 | 485BPOS | |||
| 4/21/23 | 485BPOS | |||
| 12/31/22 | 24F-2NT, N-30B-2, N-CEN, N-VPFS, N-VPFS/A | |||
| 12/31/21 | 24F-2NT, N-30B-2, N-CEN, N-VPFS | |||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 8/11/23 Separate Account No. 49 485BPOS 8/11/23 4:528K Donnelley … Solutions/FA |