Form 485BPOS Equitable Financial Life

August 25, 2025 6:04 AM EDT

As filed with the Securities and Exchange Commission on August 22, 2025

REGISTRATION NOS. 333-282690; 333-130988

INVESTMENT COMPANY ACT NO. 811-01705

 
 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

(File No. 333-282690)

FORM N-4

   REGISTRATION STATEMENT   
   UNDER   
   THE SECURITIES ACT OF 1933    ☒
   Post-Effective Amendment No. 8    ☒

(Check appropriate box or boxes)

 

 

AND

(File Nos. 333-130988; 811-01705)

   REGISTRATION STATEMENT   
   UNDER   
   THE SECURITIES ACT OF 1933   
   Pre-Effective Amendment No.     ☐
   Post-Effective Amendment No. 42    ☒
   and   
   REGISTRATION STATEMENT   
   UNDER   
   THE INVESTMENT COMPANY ACT OF 1940   
   Amendment No. 469    ☒

 

 

Separate Account A

(Exact Name of Registered Separate Account)

 

 

EQUITABLE FINANCIAL LIFE INSURANCE COMPANY

(Name of Insurance Company)

1345 Avenue of the Americas, New York, New York 10105

(Address of Insurance Company’s Principal Executive Offices) (Zip Code)

(212) 554-1234

(Insurance Company’s Telephone Number, including Area Code)

 

 

Alfred Ayensu-Ghartey

Vice President and Associate General Counsel

Equitable Financial Life Insurance Company

1345 Avenue of the Americas, New York, New York 10105

(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)

  ☐

On (date) pursuant to paragraph (b)

  ☐

60 days after filing pursuant to paragraph (a)(1)

  ☐

On (date) pursuant to paragraph (a)(1) of Rule 485 under the Securities Act of 1933 (“Securities Act”).

If appropriate, check the following box:

  ☐

This post-effective amendment designates a new effective date for previously filed post-effective amendment.

Check each box that appropriately characterizes the Registrant:

  ☐

New Registrant (as applicable, a Registered Separate Account or Insurance Company that has not filed a Securities Act registration statement or amendment thereto within 3 years preceding this filing)

  ☐

Emerging Growth Company (as defined by Rule 12b-2 under the Securities Exchange Act of 1934 (“Exchange Act”))

  ☐

If an Emerging Growth Company, indicate by check mark if the Registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 7(a)(2)(B) of Securities Act

  ☒

Insurance Company relying on Rule 12h-7 under the Exchange Act

  ☐

Smaller reporting company (as defined by Rule 12b-2 under the Exchange Act)

 

 
 

EXPLANATORY NOTE

Post-Effective Amendment No. 8 to the Form N-4 Registration Statement No. 333-282690 and Post-Effective Amendment No. 42 (the “PEA”) to the Form N-4 Registration Statement No. 333-130988 (the “Registration Statement”) of Equitable Financial Life Insurance Company (“Equitable Financial”) and its Separate Account A is being filed for the purpose of including in the Registration Statement the additions/modifications reflected in the Supplement and Part C. Post-Effective Amendment No.  8 incorporates by reference the information contained in Parts A and B of Post-Effective Amendment No. 7, filed on April 22, 2025. Post-Effective Amendment No. 42 incorporates by reference the information contained in Parts A and B of Post-Effective Amendment No. 41 filed on April 22, 2025.

Equitable Financial Life Insurance Company

 

Equitable Financial Life Insurance Company of America

 

Supplement dated August 22, 2025 to the current variable annuity prospectuses for:

 

•   EQUI-VEST® (Series 201)
•   EQUI-VEST® (Series 202)
•   EQUI-VEST® Strategies (Series 901)
 

 

 

 

This Supplement updates certain information in the Appendix listing available Portfolio Companies in the most recent prospectuses, initial summary prospectuses and updating summary prospectuses for variable annuity contracts and in any supplements to those prospectuses, initial summary prospectuses and updating summary prospectuses (collectively, the “Prospectuses” or “Prospectus”). Unless otherwise indicated, all other information included in your prospectus remains unchanged. You should read this Supplement in conjunction with the Prospectus and retain it for future reference. The terms we use in this Supplement have the same meaning as in the Prospectus. We will send you another copy of any prospectus or supplement without charge upon request. Please contact the customer service group referenced in the Prospectus.

 

The Portfolios discussed below may not be available in all contracts. Please refer to your Prospectuses for the current variable investment options and corresponding underlying Portfolios available to you under your contract.

 

The purpose of this Supplement is to provide you with information regarding certain Portfolio substitutions. As is applicable to your contract, please note the following:

 

(1) Substitution of Underlying Portfolio Shares.

 

Subject to all necessary regulatory and other approvals, effective on or about October 24, 2025 (the “Substitution Date”), pursuant to the terms of your variable annuity contract and consistent with the terms and conditions of the U.S. Securities and Exchange Commission’s statement on insurance product fund substitutions, shares of the Replacement Portfolios listed in the table below will be substituted for shares of the corresponding Removed Portfolios listed opposite their names at relative net asset value. Each of the Removed Portfolios currently serves as an underlying Portfolio for a variable investment option. At the time of the substitution, each impacted variable investment option will change its name to correspond to the Replacement Portfolio name. We will automatically direct any contributions, allocation elections, rebalancing or other transaction made using the old variable investment option name to the applicable new variable investment option name. Until each substitution occurs, the variable investment option that invests in the underlying portfolio being substituted will be available for investment. You may continue to transfer your account value among the investment options prior to the substitution, as usual, including choosing to transfer your account value in an impacted variable investment option to other investment options under your contract. Once each substitution occurs, the variable investment option that invests in the underlying portfolio that was substituted will no longer be available for investment and the remaining account value in the Removed Portfolio will be transferred to the Replacement Portfolio. You are permitted to make transfers out of each Removed Portfolio to one or more other Portfolios.

 

Note: We will not exercise any rights reserved by us under the contract to impose additional restrictions on transfers until at least 30 days after the Substitution Date, and any transfers out of a Replacement Portfolio during the 30-day period following the Substitution Date will not count against any limited number of transfers or a limited number of transfers permitted without a transfer charge, as applicable. Please contact the customer service center referenced in your Prospectus for more information about your variable investment options and for information on how to transfer your account value.

 

The Removed Portfolios (current underlying Portfolios) and corresponding Replacement Portfolios (new underlying Portfolios) are:

 

Removed Portfolio

        Replacement Portfolio

EQ/AB Sustainable U.S. Thematic Portfolio (Class IB)

   will be substituted for:    EQ/ClearBridge Large Cap Growth ESG (Class IB)

Invesco V.I. High Yield Fund (Series II)

   will be substituted for:    1290 VT High Yield Bond Portfolio (Class IB)

Invesco V.I. Main Street Mid Cap Fund (Series II)

   will be substituted for:    EQ/Mid Cap Index Portfolio (Class IB)

Invesco V.I. Small Cap Equity Fund (Series II)

   will be substituted for:    1290 VT GAMCO Small Company Value Portfolio (Class IB)

 

EV-201, 202 and 901   Catalog No. 800233
IF/New Biz-Mail   #42477

Removed Portfolio         Replacement Portfolio

MFS® Investors Trust Series (Service Class)

   will be substituted for:    EQ/Fidelity Institutional AM® Large Cap Portfolio (Class IB)

Principal VC Equity Income Account (Class 2)

   will be substituted for:    EQ/Equity 500 Index Portfolio (Class IB)

 

For some period of time after each substitution occurs, you may still receive correspondence or documents using the corresponding substituted fund name.

 

Note: You will not bear any of the expenses related to the substitutions, and the substitution will have no tax consequences for you.

 

(2) New Variable Investment Options

 

Subject to all necessary regulatory and other approvals, effective on or about October 24, 2025, pursuant to the terms of your variable annuity contract, and consistent with the terms and conditions of the U.S. Securities and Exchange Commission’s statement on insurance product fund substitutions, the following variable investment options and corresponding underlying fund portfolios will be available in the corresponding products:

 

Variable Investment Option &

Underlying Fund Portfolio

        Product(s)

EQ/ClearBridge Large Cap Growth ESG (Class IB)

   will be added to:    EQUI-VEST® (Series 201), EQUI-VEST® (Series 202) and EQUI-VEST® Strategies (Series 901)

 

Therefore, the following information has been added to the “Investment options available under the contract” in the Prospectus:

 

Affiliated Portfolio Companies:

 

TYPE    Portfolio Company — Investment Adviser; Sub-Adviser(s), as applicable    Current
Expenses		  

Average Annual Total Returns 

(as of 12/31/2024)

  1 year   5 year   10 year
Equity    EQ/ClearBridge Large Cap Growth ESG — EIMG; ClearBridge Investments, LLC    1.00%^   26.79%   14.86%   12.93%
^

This Portfolio’s annual expenses reflect temporary fee reductions.

 

Certain Removed Portfolios (and therefore the corresponding Replacement Portfolios) may not be available under your contract. See your Prospectus for more information.

 

2

PART C

OTHER INFORMATION

 

ITEM 27.

EXHIBITS

   (a)   Board of Directors Resolutions.
    (a)    Resolutions of the Board of Directors of The Equitable Life Assurance Society of the United States (“Equitable”) authorizing the establishment of the Registrant, incorporated herein by reference to Registration Statement No. 2-30070 filed on October 27, 1987, refiled electronically on July 10, 1998.
    (b)    Resolutions of the Board of Directors of Equitable dated October  16, 1986 authorizing the reorganization of Separate Accounts A, C, D, E, J and K into one continuing separate account, incorporated herein by reference to Registration Statement No.  2-30070 filed on April 24, 1995, refiled electronically on July 10, 1998.
  (b)   Custodial Agreements. Not applicable.
  (c)   Underwriting Contracts.
    (a)    Amended and Restated Distribution Agreement, dated November 1, 2023, between Equitable Financial Life Insurance Company and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.

 

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    (b)   Agreement for services by The Equitable Life Assurance Society of the United States to AXA Network, LLC and its subsidiaries dated January  1, 2000, incorporated herein by reference to Registration Statement (File No. 2-30070) filed on April 19, 2001.
    (c)   Transition Agreement for services by AXA Network LLC and its subsidiaries to The Equitable Life Assurance Society of the United States dated January 1, 2000, incorporated herein by reference to Registration Statement (File No. 2-30070) filed on April 19, 2001.
    (d)   General Agent Sales Agreement dated January  1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement (File No.  2-30070) filed on April 19, 2004.
    (d)(i)   First Amendment dated as of January 1, 2003 to General Agent Sales Agreement dated January  1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593) filed on April 24, 2012.
    (d)(ii)   Second Amendment dated as of January 1, 2004 to General Agent Sales Agreement dated January  1, 2000, between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No.333-05593) filed on April 24, 2012.
    (d)(iii)   Third Amendment dated as of July 19, 2004 to General Agent Sales Agreement dated as of January  1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-127445), filed on August 11, 2005.
    (d)(iv)   Fourth Amendment dated as of November 1, 2004 to General Agent Sales Agreement dated as of January  1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-127445), filed on August 11, 2005.
    (d)(v)   Fifth Amendment dated as of November 1, 2006, to General Agent Sales Agreement dated as of January  1, 2000 by and between The Equitable Life Assurance Society of the United States and AXA Network, LLC and its subsidiaries incorporated herein by reference to Registration Statement on Form N-4 (File No.  333-05593), filed on April 24, 2012.

 

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    (d)(vi)   Sixth Amendment dated as of February 15, 2008, to General Agent Sales Agreement dated as of January  1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593), filed on April 24, 2012.
    (d)(vii)   Seventh Amendment dated as of February 15, 2008, to General Agent Sales Agreement dated as of January  1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) to Exhibit 3(r), filed on April 20, 2009.
    (d)(viii)   Eighth Amendment dated as of November 1, 2008, to General Agent Sales Agreement dated as of January  1, 2000 by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) to Exhibit 3(s), filed on April 20, 2009.
    (d)(ix)   Ninth Amendment dated as of November 1, 2011 to General Agent Sales Agreement dated as of January 1, 2000 by and between AXA Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries incorporated herein by reference to the Registration Statement filed on Form N-4 (File No. 333-05593) filed on April 24, 2012.
    (d)(x)   Tenth Amendment dated as of November 1, 2013, to General Agent Sales Agreement dated as of January 1,  2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-178750) filed on October 16, 2014.
    (d)(xi)   Eleventh Amendment dated as of November 1, 2013, to General Agent Sales Agreement dated as of January 1, 2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-178750) filed on October 16, 2014.
    (d)(xii)   Twelfth Amendment dated as of November 1, 2013, to General Agent Sales Agreement dated as of January 1, 2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-178750) filed on October 16, 2014.
    (d)(xiii)   Thirteenth Amendment dated as of October 1, 2014 to General Agent Sales Agreement dated as of January 1, 2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to the Registration Statement on Form N-4 (File No. 333-202147), filed on September 9, 2015.
    (d)(xiv)   Fourteenth Amendment dated as of August 1, 2015 to General Agent Sales Agreement dated as of January 1, 2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to this Registration Statement on Form N-4 (File No. 2-30070), filed on April 19, 2016.
    (d)(xv)   Sixteenth Amendment dated as of May 1, 2016 to General Agent Sales Agreement dated as of January  1, 2000, by and between AXA Equitable Life Insurance Company (formerly known as The Equitable Life Assurance Society of the United States) and AXA Network, LLC and its subsidiaries, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070), filed on April 18, 2017.
    (d)(xvi)   Seventeenth Amendment to General Agent Sales Agreement, dated as of August 1, 2016, by and between AXA Equitable Life Insurance Company, formerly known as The Equitable Life Assurance Society of the United States, (“AXA Equitable”), and AXA NETWORK, LLC, (“General Agent”) incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 17, 2018.
    (d)(xvii)   Eighteenth Amendment to General Agent Sales Agreement, dated as of March 1 2017, by and between AXA Equitable Life Insurance Company, formerly known as The Equitable Life Assurance Society of the United States, (“AXA Equitable”), and AXA NETWORK, LLC (“General Agent”) incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 17, 2018.
    (d)(xviii)   Nineteenth Amendment to General Agent Sales Agreement, dated January 1, 2020, by and between AXA Equitable Life Insurance Company and AXA Network, LLC, incoprorated herein by reference to Registration Statement File No. 333-130988) filed on April 20, 2021.
    (d)(xix)   Twentieth Amendment to General Agent Sales Agreement dated September 1, 2021, by and between Equitable Financial Life Insurance Company and Equitable Network, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988), filed on April 20, 2022.
    (d)(xx)   Twenty First Amendment to General Agent Sales Agreement dated January 1, 2022, by and between Equitable Financial Life Insurance Company and Equitable Network, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 20, 2022.
    (d)(xxi)   Twenty Second Amendment to General Agent Sales Agreement, dated November 13, 2023, between Equitable Financial Life Insurance Company and Equitable Network, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.
    (d)(xxii)   Twenty Third Amendment to General Agent Sales Agreement, dated January 1, 2025, between Equitable Financial Life Insurance Company and Equitable Network, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 22, 2025.
    (e)   Broker General Agent Agreement between Broker General Agent and Equitable Distributors, LLC, incorporated herein by reference to the Registration Statement on Form S-3 (File No. 333-265027) filed on January 30, 2024.
    (e)(i)   Amendment to Brokerage General Agent Sales Agreement between Brokerage General Agency and Equitable Distributors, LLC, incorporated herein by reference to the Registration Statement on Form S-3 (File No. 333-265027) filed on January 30, 2024.
    (f)   Wholesale Broker-Dealer Supervisory and Sale Agreement between the Broker-Dealer and Equitable Distributors, LLC, incorporated herein by reference to the Registration Statement on Form S-3 (File No. 333-265027) filed on January 30, 2024.
    (g)   Broker-Dealer and General Agent Sales Agreement between Equitable Distributors, LLC and Broker-Dealer and General Agent, incorporated herein by reference to the Registration Statement on Form S-3 (File No. 333-265027) filed on January 30, 2024.
    (h)   Amended and Restated Agreement for Cooperative and Joint Use of Personnel, Property and Services, dated November 1, 2023, between Equitable Financial Life Insurance Company and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.
   (d)   Contracts. (Including Riders and Endorsements)
    (a)   Form of Flexible Premium Deferred Annuity Certificate (Policy Form 2004EDCCERT-B) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (b)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Annuity Certificate (Policy Form 2004TSACERT-B) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (c)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Variable Annuity Contract (Policy Form 2004TSAGAC) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (c)(i)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Variable Annuity Contract (Policy Form 2004TSAGAC) previously filed as an exhibit to Registration Statement (File No. 333-130988) on Form N-4, on January 12, 2006, and incorporated herein by reference.
    (d)   Form of Group Flexible Premium Deferred Variable Annuity Contract (Policy Form  2004EDCGAC) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (e)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Annuity Certificate (Policy Form 2004TSACERT-A) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (f)   Form of Flexible Premium Deferred Variable Annuity Certificate (Policy Form  2004EDCCERT-A) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (g)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Annuity Certificate (Form No. 2008TSA901-A), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2009.

 

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    (h)   Form of Group Flexible Premium Combination Fixed and Variable Deferred Annuity Contract (Form No. 2008TSAGAC901), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2009.
    (i)   Form of Endorsement Applicable to Guaranteed Interest Special Dollar Cost Averaging (Form No. 2008SDCA-EV-901), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2009.
    (j)   Form of Endorsement Applicable to the Structured Investment Option (Form 2011SIO901-ENGAC) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (k)   Form of Endorsement Applicable to the Structured Investment Option (Form 2011SIO901A) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (l)   Form of Endorsement Applicable to the Structured Investment Option (Form 2011SIO901B) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (m)   Form of Endorsement Applicable to Designated Roth Contributions to Contracts Funding Governmental Employer Plans (2011EDCROTH-G) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (n)   Form of Endorsement Applicable to Loans (2011ENGACLOANS-901) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (o)   Form of Endorsement Applicable to Loans (2011LOANS-901) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (p)   Managed Account Endorsement (Form No. 2013EQVMA-900/901), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 22, 2014.
    (q)   Endorsement Regarding Administrative Service Fee (Form No. 2014SVCFEE-900-901), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 21, 2015.
    (r)   Endorsement Applicable to Withdrawal Charge Offset (Form No. 2015EQVECWC-901) (Employer), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 19, 2016.
    (s)   Endorsement Applicable to Withdrawal Charge Offset (Form No. 2015EQVPCWC-901) (Participant), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 19, 2016.
    (t)   Endorsement Applicable to Uncapped Segment Interim Value (for Employer Contract EV Series 900-901)(Form No. 2024ENGACSIV900-901) incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.
    (u)   Endorsement Applicable to Uncapped Segment Interim Value (for Participant Contract EV Series 900-901)(Form No. 2024SIV900-901) incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.

 

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   (e)   Applications.
      (a)    Form of TSA 403(b) Group Annuity Contract Application (Policy Form 2004/403(b)) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (b)    Form of EDC (457)  Group Annuity Contract Application (Policy Form 2004/457) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (c)    Form of EQUI-VEST Strategies 457(b) EDC Enrollment Form (Policy Form 2004 EDC STRAT) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (d)    Form of EQUI-VEST Strategies 403(b) TSA Enrollment Form (Policy Form 2004 TSA STRAT) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (e)    Form of EQUI-VEST Strategies 457(b) EDC Enrollment Form (Policy Form 2004 EDC STRAT ST VAR) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (f)    Form of EQUI-VEST Strategies 403(b) TSA Enrollment Form (2004 TSA STRAT ST VAR) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on January 12, 2006.
    (g)    Form of EQUI-VEST Strategies 403(b) TSA Enrollment Form (Form No.  2008 TSA STRAT), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2009.
    (h)    Form of TSA 403(b) Group Annuity Contract Application for EQUI-VEST Strategies (Series  901)(Policy Form 2008/403(b)), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2009.
    (i)    Form of EQUI-VEST Strategies 457(b) EDC Enrollment Form (Policy Form 2008 EDC STRAT (06-10)) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (j)    Form of EQUI-VEST Strategies 403(b) TSA Enrollment Form (Policy Form 2008 TSA STRAT (06-10)) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (k)    Form of EQUI-VEST Strategies 401(a) Enrollment Form (Policy Form 2009 401(a) STRAT (06-10)) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 25, 2011.
    (l)    Application for EQUI-VEST Strategies TSA (Series 901) Group Flexible Premium Combination Fixed and Variable Deferred Annuity Contract (2011 EV STRAT TSA-901) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (m)    Application for EQUI-VEST Strategies EDC (Series 901) Group Flexible Premium Combination Fixed and Variable Deferred Annuity Contract (2011 EV STRAT EDC-901) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (n)    Application for EQUI-VEST Strategies 401(a) (Series 901) Group Flexible Premium Combination Fixed and Variable Deferred Annuity Contract (2011 EV STRAT 401(a)-901) incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (o)    Form of Endorsement Applicable to Managed Accounts (2013EQVMA-900/901), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 22, 2014.
    (p)    Form of EQUI-VEST Strategies 403(b) TSA Enrollment Form (Policy Form 2011 TSA Strat (10-12)), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 23, 2014.
    (q)    Form of EQUI-VEST Strategies 457(b) EDC Enrollment Form (Policy Form 2011 EDC Strat (10-12)), incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 23, 2014.
   (f)   Insurance Company’s Certificate of Incorporation And By-Laws.
    (a)    Restated Charter of AXA Equitable, as amended August 31, 2010, incorporated herein by reference to Registration Statement on Form N-4, (File No. 333-05593), filed on April 24, 2012.
    (a)(i)    Restated Charter of Equitable Financial Life Insurance Company incorporated herein by reference to Registration Statement on Form N-6 (File No. 333-232418) filed on June 29, 2020.
    (b)    By-Laws of AXA Equitable, as amended September  7, 2004, incorporated herein by reference to Exhibit No. 6.(c) to Registration Statement on Form N-4, (File No. 333-05593), filed on April 20, 2006.
    (b)(i)    By-Laws of Equitable Financial Life Insurance Company, as amended, June 15, 2020, incorporated hereby by reference to Registration Statement on Form N-6 (File 333-232418), filed on June 29, 2020.
    (b)(ii)    Amended and Restated By-Laws of Equitable Financial Life Insurance Company dated September 23, 2020, incorporated herein by reference to Registration Statement on Form N-4 (file No. 333-254385) filed on March 17, 2021.
   (g)   Reinsurance Contracts.
    Assumption Reinsurance Agreement between Equitable Financial Life Insurance Company and Equitable Financial Life Insurance Company of America, dated January 1, 2024, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.
   (h)   Participation Agreements.
    (a)    Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable Life Insurance Company (“AXA Equitable”), AXA Distributors, LLC and AXA Advisors dated July 15, 2002 is incorporated herein by reference to Post-Effective Amendment No. 25 to the EQ Advisor’s Trust Registration Statement on Form N-1A (File No. 333-17217 and 811-07953), filed on February 7, 2003.
    (a)(i)    Amendment No. 1, dated May 2, 2003, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 28 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 10, 2004.
    (a)(ii)    Amendment No. 2, dated July 9, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 35 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on October 15, 2004.
    (a)(iii)    Amendment No. 3, dated October 1, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 35 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on October 15, 2004.
    (a)(iv)    Amendment No. 4, dated May 1, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 37 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 7, 2005.
    (a)(v)    Amendment No. 5, dated September 30, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 44 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 5, 2006.
    (a)(vi)    Amendment No. 6, dated August 1, 2006, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 51 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 2, 2007.
    (a)(vii)    Amendment No. 7, dated May 1, 2007, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 53 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 27, 2007.
    (a)(viii)    Amendment No. 8, dated January 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 56 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on December 27, 2007.
    (a)(ix)    Amendment No. 9, dated May 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 61 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 13, 2009.
    (a)(x)    Amendment No. 10, dated January 15, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 64 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on March 16, 2009.
    (a)(xi)    Amendment No. 11, dated May 1, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 67 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on April 15, 2009.
    (a)(xii)    Amendment No. 12, dated September 29, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 70 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on January 21, 2010.
    (a)(xiii)    Amendment No. 13, dated August 16, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 77 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 3, 2011.
    (a)(xiv)    Amendment No. 14, dated December 15, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference to Post-Effective Amendment No. 77 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 3, 2011.
    (a)(xv)    Amendment No. 15, dated June 7, 2011 , to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors, LLC and AXA Advisors dated July 15, 2002 incorporated herein by reference and/or previously filed with Post-Effective Amendment No. 84 To the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on August 17, 2011.
    (a)(xvi)    Amendment No. 16, dated April 30, 2012, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable and AXA Distributors, LLC, dated July 15,2002 incorporated herein by reference to Post-Effective Amendment No. 96 to the EQ Advisor’s Trust Registration Statement (File No. 333-17217) on Form N-1A filed on February 7, 2013.
    (a)(b)(i)    Second Amended and Restated Participation Agreement among the Trust, AXA Equitable, FMG LLC and AXA Distributors, LLC, dated May 23, 2012, incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1A (File No. 333-17217) filed on July 22, 2013.
    (a)(b)(ii)    Amendment No. 1 dated as of June 4, 2013 to the Second Amended and Restated Participation Agreement among the Trust, AXA Equitable, FMG LLC and AXA Distributors, LLC, dated May 23, 2012, incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1A (File No. 333-17217) filed on October 1, 2013.
    (a)(b)(iii)    Amendment No. 2 dated as of October 21, 2013 to the Second Amended and Restated Participation Agreement among the Trust, AXA Equitable, FMG LLC and AXA Distributors, LLC, dated May 23, 2012, incorporated herein by reference to EQ Advisors Trust Registration Statement on Form N-1A (File No. 333-17217) filed on October 1, 2013.
    (a)(b)(iv)    Amendment No. 3, dated as of April 4, 2014 (“Amendment No.  3”), to the Second Amended and Restated Participation Agreement, dated as of May  23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 April 30, 2014.
    (a)(b)(v)    Amendment No. 4, dated as of June 1, 2014 (“Amendment No.  4”), to the Second Amended and Restated Participation Agreement, dated as of May  23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 April 30, 2014.
    (a)(b)(vi)    Amendment No. 5, dated as of July 16, 2014 (“Amendment No.  5”), to the Second Amended and Restated Participation Agreement, dated as of May  23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 5, 2015.
    (a)(b)(vii)    Amendment No. 6, dated as of April 30, 2015 (“Amendment No. 6”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 April 17, 2015.
    (a)(b)(viii)    Amendment No. 7 dated as of December 21, 2015 (“Amendment No. 7”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to EQ Advisors Trust Registration Statement on Form 485(a) (File No. 333-17217) filed on February 11, 2016.
    (a)(b)(ix)    Amendment No. 8 dated as of December 9, 2016 (“Amendment No. 8”), to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”), by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC and AXA Distributors, LLC (collectively, the “Parties”) incorporated herein by reference to EQ Advisors Trust Registration Statement on Form 485(a) (File No. 333-17217) filed on January 31, 2017.
    (a)(b)(x)    Amendment No. 9 dated as of May 1, 2017 (“Amendment No. 9”) to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”) by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 April 28, 2017.
    (a)(b)(xi)    Amendment No. 10 dated as of November 1, 2017 (“Amendment No. 10”) to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended (“Agreement”) by and among EQ Advisors Trust (“Trust”), AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC 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 October 27, 2017.
    (a)(b)(xii)    Amendment No. 11 dated as of July 12, 2018 to the Second Amended and Restated Participation Agreement among EQ Advisor Trust, AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC and AXA Distributors dated May 23, 2012, incorporated herein by reference to Registration Statement on Form N-1a (File No. 333-17217) filed on July 31, 2018.
    (a)(b)(xiii)    Amendment No. 12 dated as of December 6, 2018 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, AXA Equitable Life Insurance Company, AXA Equitable Funds Management Group, LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217), filed on April 26, 2019.
    (a)(b)(xiv)    Amendment No. 13 dated July 16, 2020 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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 January 19, 2021.
    (a)(b)(xv)    Amendment No. 14 dated February 1, 2021 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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 January 19, 2021.
    (a)(b)(xvi)    Amendment No. 15 dated February 26, 2021 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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.
    (a)(b)(xvii)    Amendment No. 16 dated July 22, 2021 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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.
    (a)(b)(xviii)    Amendment No. 17 dated January 13, 2022 to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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.
    (a)(b)(xix)    Amendment No. 18 dated August 19, 2022, to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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 26, 2023.
    (a)(b)(xx)    Amendment No. 19 dated November 17, 2022, to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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 26, 2023.
    (a)(b)(xxi)    Amendment No. 20 dated March 16, 2023, to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, 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 March 29, 2023.
    (a)(b)(xxii)    Amendment No. 21 dated July 31, 2023, to the Second Amended and Restated Participation Agreement, dated as of May 23, 2012, as amended by and among EQ Advisors Trust, Equitable Financial Life Insurance Company, Equitable Investment Management Group, LLC and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-229766) filed on February 7, 2024.
    (b)    Participation Agreement by and Among AIM Variable Insurance Funds, A I M Distributors, Inc., AXA Equitable Life Insurance Company, on Behalf of itself and its Separate Accounts, AXA Advisors, LLC, and AXA Distributors, LLC, dated July 1, 2005, incorporated by reference to the Registration Statement on Form N-4 (File No. 333-160951) filed on November 16, 2009.
    (b)(i)    Amendment No. 1 effective October 15, 2009 among AIM Variable Insurance Funds, AIM Distributors, Inc., AXA Equitable Life Insurance Company, on behalf of its Separate Accounts, AXA Advisors, LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 24, 2012.
    (b)(ii)    Amendment No. 2, dated as of April 19, 2010, to the Participation Agreement dated as of July 1, 2005, by and among AIM Variable Insurance Funds, Invesco Aim Distributors, Inc., AXA Equitable Life Insurance Company, on behalf of itself and each of its segregated asset accounts, and AXA Advisors, LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 21, 2015.
    (b)(iii)    Amendment No. 3, dated as of April 19, 2010, to the Participation Agreement dated as of July 1, 2005, by and among AIM Variable Insurance Funds, Invesco Aim Distributors, Inc., AXA Equitable Life Insurance Company, on behalf of itself and each of its segregated asset accounts; and AXA Advisors, LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 21, 2015.
    (b)(iv)    Amendment No. 4, effective May 1, 2012, to the Participation Agreement dated July 1, 2005, among AIM Variable Insurance Funds, Invesco Distributors, Inc., AXA Equitable Life Insurance Company, on behalf of itself and each of its segregated asset accounts; AXA Advisors LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-178750) filed on April 25, 2012.
    (b)(v)    Amendment No. 5, dated as of October 1, 2014, to the Participation Agreement dated July 1, 2005, by and among AIM Variable Insurance Funds Invesco Distributors, Inc., AXA Equitable Life Insurance Company, a New York life insurance company, on behalf of itself and each of its segregated asset accounts; and AXA Advisors, LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-202147) filed on February 18, 2015.
    (c)    Fund Participation Agreement among AXA Equitable Life Insurance Company, American Century Investment Management, Inc., and American Century Investment Services, Inc., incorporated by reference to the Registration Statement on Form N-4 (File No. 333-153809) filed on July 8, 2011.
    (d)    Amended and Restated Participation Agreement dated April 16, 2010 among Variable Insurance Products Funds, Fidelity Distributors Corporation, and AXA Equitable Life Insurance Company, incorporated by reference to the Registration Statement on Form N-4 (File No. 2-30070) filed on April 24, 2012.
    (d)(i)    Third Amendment effective January 27, 2021 to Amended and Restated Participation Agreement dated April 16, 2010 among Equitable Life Insurance Company, each of Variable Insurance Products Fund, Variable Insurance Products Fund II, Variable Insurance Products Fund III and Variable Insurance Products Fund IV and Variable Insurance Products Fund V, and Fidelity Distributors Company LLC, incorporated herein by reference to the Registration Statement on Form N-4 (333-229766) filed on February 3, 2023.
    (d)(ii)    Fourth Amendment effective August 11, 2022 to Amended and Restated Participation Agreement dated April 16, 2010 among Equitable Life Insurance Company, each of Variable Insurance Products Fund, Variable Insurance Products Fund II, Variable Insurance Products Fund III and Variable Insurance Products Fund IV and Variable Insurance Products Fund V, and Fidelity Distributors Company LLC, incorporated herein by reference to the Registration Statement on Form N-4 (333-229766) filed on February 3, 2023.
    (e)    Participation Agreement as of July  1, 2005 Franklin Templeton Variable Insurance Products Trust, Franklin/ Templeton Distributors, Inc., AXA Equitable Life Insurance Company, AXA Advisors, LLC, and AXA Distributors, LLC, incorporated by reference to the Registration Statement on Form N-4 (File No. 333-160951) filed on November 16, 2009.
    (e)(i)    Amendment No. 3 effective as of May 1, 2010 to Participation Agreement as of July 1, 2005 by and among Franklin Templeton Variable Insurance Products Trust, Franklin/Templeton Distributors, Inc., AXA Equitable Life Insurance Company, AXA Advisors LLC and AXA Distributors, LLC, incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 24, 2012.
    (e)(ii)    Amendment No. 5 effective as of May 1, 2012 to Participation Agreement dated July 1, 2005 and subsequently amended June 5, 2007, November 1, 2009, May 1, 2010 and August 16, 2010 among Franklin Templeton Variable Insurance Products Trust, Franklin/Templeton Distributors, Inc., AXA Equitable Life Insurance Company, AXA Advisors, LLC and AXA Distributors, LLC, incorporated herein by reference to the Registration Statement on Form N-4 (File No. 333-178750) filed on April 25, 2012.
    (e)(iii)    Amendment No. 6, dated as of December 1, 2020, to Participation Agreement dated July 1, 2005, as amended, among Franklin Templeton Variable Products Trust, Franklin/Templeton Distributors, Inc., Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America and Equitable Distributors LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-248907) filed on December 16, 2020.
    (e)(iv)    Amendment No. 7, dated as of February 12, 2021, to Participation Agreement dated July 1, 2005, as amended, among Franklin Templeton Variable Products Trust, Franklin/Templeton Distributors, Inc., Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America and Equitable Distributors LLC, incorporated herein by reference to Registration Statement filed on Form N-6 (File No. 333-103199) filed on April 21, 2022.
    (e)(v)    Amendment No. 8 dated September 15, 2023, to Participation Agreement dated July 1, 2005, by and among Franklin Templeton Variable Insurance Products Trust, Franklin Distributors, LLC, Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-229766) filed on February 7, 2024.
    (f)    Fund Participation Agreement among AXA Equitable Life Insurance Company, Goldman Sachs Variable Insurance Trust, Goldman Sachs Asset Management, L.P., and Goldman, Sachs & Co., dated October 20, 2009, incorporated by reference to the Registration Statement on Form N-4 (File No. 333-178750) filed on December 23, 2011.
   

(g)

   

Fund Participation Agreement dated October 23, 2009 among AXA Equitable Life Insurance Company, Ivy Funds Variable Insurance Portfolios and Waddell & Reed, Inc., incorporated by reference to the Registration Statement on Form N-4 (File No. 333-178750) filed on December 23, 2011.

    (g)(i)    Amendment No. 1 dated April 1, 2010 to the Participation Agreement dated October 23, 2009 among Waddell & Reed, Inc., Ivy Funds Variable Insurance Portfolios and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
   

(g)(ii)

    Amendment No. 2 dated May 1, 2012 to the Participation Agreement dated October 23, 2009 among Waddell & Reed, Inc., Ivy Funds Variable Insurance Portfolios, MONY Life Insurance Company, MONY Life Insurance Company of America and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-178750) filed on April 25, 2012.
    (g)(iii)    Amendment No. 3 dated September 5, 2013 to the Participation Agreement dated October 23, 2009 among Waddell & Reed, Inc., Ivy Funds Variable Insurance Portfolios, MONY Life Insurance Company, MONY Life Insurance Company of America and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
    (g)(iv)    Amendment No. 4 dated October 14, 2013 to the Participation Agreement dated October 23, 2009 among Waddell & Reed, Inc., Ivy Funds Variable Insurance Portfolios, MONY Life Insurance Company of America and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
   

(g)(v)

    Amendment No. 5 dated October 1, 2016 to the Participation Agreement dated October 23, 2009 among Waddell & Reed, Inc., Ivy Funds Variable Insurance Portfolios, MONY Life Insurance Company of America and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
    (g)(vi)    Amendment No. 6 dated April 28, 2017 to the Participation Agreement dated October 23, 2009 among Ivy Distributors, Inc., Ivy Variable Insurance Portfolios, AXA Equitable Life Insurance Company and MONY Life Insurance Company of America, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 16, 2019.
    (g)(vii)    Amendment No. 7 dated August 28, 2020, to the Participation Agreement dated October  23, 2009 among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Ivy Distributors, Inc. and Ivy Variable Insurance Portfolios, incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2021.
    (g)(viii)    Amendment No. 8 dated December 8, 2020, to the Participation Agreement dated October  23, 2009 among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Ivy Distributors, Inc. and Ivy Variable Insurance Portfolios, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 20, 2021
    (g)(ix)    Consent to Assignment of Participation Agreement dated October 23, 2009, among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Ivy Distributors, Inc. and Ivy Variable Insurance Portfolios, incorporated herein by reference to Registration Statement on Form N-6 (File No. 333-256256), filed on April 17, 2021.
    (g)(x)    Amendment No. 10 dated October 11, 2022, to Participation Agreement dated October 23, 2009, among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Ivy Variable Insurance Portfolios and Delaware Distributors, L.P., incorporated herein by reference to the Registration Statement on Form N-4 (333-229766) filed on February 3, 2023.
    (h)    Participation Agreement among MFS Variable Insurance Trust, Equitable Life Assurance Society of the United States, and Massachusetts Financial Service Company, dated July 18, 2002, incorporated herein by reference to the Registration Statement on Form N-4 (File No. 333-160951) filed on November 16, 2009.
    (h)(i)    Amendment No. 2 dated October 23, 2020 to the Participation Agreement dated March  15, 2010, by and among MFS Variable Insurance Trust, MFS Variable Insurance Trust II, Equitable Financial Life Insurance Company and MFS Fund Distributors, Inc., incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 20, 2021.
    (i)    Participation Agreement dated October 1, 2013, by and among AXA Equitable 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. 333-130988) filed on April 20, 2022.
    (i)(i)    First Amendment to Participation Agreement entered into as of May 1, 2021 to Participation Agreement 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. 333-130988) filed on April 20, 2022.
    (i)(ii)    Second Amendment to Participation Agreement entered into as of October 7, 2021 to Participation Agreement 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 Registration Statement filed on Form N-4 (File No. 333-130988) filed on April 20, 2022.
    (i)(iii)    Third Amendment to Participation Agreement entered into as of October 11, 2022 to Participation Agreement effective October 1, 2013, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, 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. 333-229766) filed on February 3, 2023.
    (j)    Participation Agreement among Oppenheimer Variable

 

C-5

          Account Funds, Oppenheimerfunds, Inc. and AXA Equitable Life Insurance Company (File No. 333-130988), dated July 22, 2005 incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988), filed on April 19, 2010.
    (j)(i)    Amendment No. 1 to Participation Agreement, dated April 1, 2010 (File No.  333-130988) incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988), filed on April 19, 2010.
    (k)    Fund Participation Agreement among AXA Equitable Life Insurance Company, Lazard Retirement Series, Inc., and Lazard Asset Management Securities LLC, incorporated herein by reference to the Registration Statement on Form N-4 (File No. 333-178750) filed on December 23, 2011.
    (l)    Participation Agreement among Van Eck Worldwide Insurance Trust, Van Eck Securities Corporation, Van Eck Associates Corporation and MONY Life Insurance Company, dated August 7, 2000, incorporated herein by reference to the Registration Statement on Form N-4 (File No. 333-160951) filed on November 16, 2009.
    (l)(i)    Amendment No. 1 dated October 13, 2009 to the Participation Agreement, (the “Agreement”) dated August  7, 2000 by and among MONY Life Insurance Company, Van Eck Worldwide Insurance Trust, Van Eck Securities Corporation and Van Eck Associates Corporation (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.
    (l)(ii)    Participation Agreement dated October 1, 2013 among Van Eck Securities Corporation, Van Eck Associates Corporation, Van Eck VIP Trust and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
    (l)(iii)    Amendment No. 1 dated October 28, 2016 to the Participation Agreement dated October 1, 2013 among Van Eck Securities Corporation, Van Eck Associates Corporation, VanEck VIP Trust and AXA Equitable Life Insurance Company incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.
    (l)(iv)    Third Amendment to Participation Agreement effective September 9, 2022, to Participation Agreement dated October 1, 2013 by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, VanEck VIP Trust, Van Eck Securities Corporation and Van Eck Associates Corporation, incorporated herein by reference to Registration Statement on Form N-4 (File No. File No. 333-130988) filed on April 19, 2023.
    (m)    Participation and Service Agreement among AXA Equitable Life Insurance Company and American Funds Distributors, Inc., American Funds Service Company, Capital Research and Management Company and the American Funds Insurance Series (collectively the “Funds”), dated January 2, 2013, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 23, 2013.
    (m)(i)    First Amendment, effective April 19, 2013 to the Participation Agreement dated January  2, 2013, as amended, by and among AXA Equitable Life Insurance Company, MONY Life Insurance Company of America, American Funds Distributors, Inc. American Funds Service Company, Capital Research and Management Company, and the American Funds Insurance Series, incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2021.
    (m)(ii)    Second Amendment, effective October 8, 2013 to the Participation Agreement dated January  2, 2013, as amended, by and among AXA Equitable Life Insurance Company, MONY Life Insurance Company of America, American Funds Distributors, Inc. American Funds Service Company, Capital Research and Management Company, and the American Funds Insurance Series, incorporated herein by reference to Registration Statement on Form N-4 (333-248907) filed on December 16, 2020.
    (m)(iii)    Third Amendment, effective September 10, 2020 to the Participation Agreement dated January  2, 2013, as amended, by and among AXA Equitable Life Insurance Company, American Funds Distributors, Inc. American Funds Service Company, Capital Research and Management Company, and the American Funds Insurance Series, incorporated herein by reference to Registration Statement (File No. 333-130988) filed on April 20, 2021.
    (m)(iv)    Fourth Amendment, effective November 17, 2020 to the Participation Agreement dated January  2, 2013, as amended, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, American Funds Distributors, Inc., American Funds Service Company, Capital Research and Management Company, and the American Funds Insurance Series, incorporated herein by reference to Registration Statement on Form N-4 (333-248907) filed on December 16, 2020.
    (m)(v)    Fifth Amendment, effective February 5, 2021 to the Participation Agreement dated January 2,2013, as amended, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, American Funds Distributors, Inc., American Funds Service Company, Capital Research and Management Company, and the American Funds Insurance Series, incorporated herein by reference to Registration Statement filed on Form N-6 (File No. 333-103199) filed on April 21, 2022.
    (m)(vi)    Sixth Amendment dated September 25, 2023, to Participation Agreement dated January 2, 2013, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, American Funds Distributors, Inc., American Funds Services Company, Capital Research and Management Company and the American Funds Insurance Series, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-229766) filed on February 7, 2024.
    (m)(vii)    Seventh Amendment dated August 29, 2024, to Participation agreement dated January 2, 2013, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, American Funds Distributors, Inc., American Funds Services Company, Capital Research and Management Company and the American Funds Insurance Series, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 22, 2025.
    (n)    Participation Agreement dated January 7, 2022, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Principal Variable Contracts Funds, Inc., Principal Global Investors, LLC and Principal Funds Distributor, Inc., incorporated herein by reference to Registration Statement filed on Form N-4 (File No. 333-248863) filed on April 22, 2022.
    (n)(i)    First Amendment dated September 20, 2023, to Participation Agreement, dated January 7, 2022, by and among Equitable Financial Life Insurance Company, Equitable Financial Life Insurance Company of America, Principal Variable Contracts Funds, Inc., Principal Global Investors, LLC and Principal Funds Distributor, Inc., incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-130988) filed on April 19, 2024.
   (i)   Administrative Contracts.
       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 Exhibit 10.2 to the registration statement (File No. 333-65423) on Form 10-K filed on March 31, 2005.
   (j)   Other Material Contracts. Not applicable.
   (k)   Legal Opinion.
       Opinion and Consent of Alfred Ayensu-Ghartey, Vice-President and Associate General Counsel, as to the legality of the securities being registered, filed herewith.
   (l)   Other Opinions.
    (a)    Notice concerning regulatory relief, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on May 27, 1992, refiled electronically on July 10, 1998.
    (b)    Consent of Independent Registered Public Accounting Firm, filed herewith.
   (m)  

Omitted Financial Statements. Not applicable.

   (n)  

Initial Capital Agreements. Not applicable.

   (o)   Form of Initial Summary Prospectus, incorporated herein by reference to Registration Statements on Form N-4 (File Nos. 333-130988; 333-282690) filed on April 22, 2025.
   (p)   Power of Attorney. Filed herewith.
   (q)   Letter Regarding Change in Certifying Accountant. Not applicable.
   (r)   Historical Current Limits on Index Gains, incorporated herein by reference to Registration Statements on Form N-4 (File Nos. 333-130988; 333-282690) filed on April 22, 2025.
   101.INS   XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document
   101.SCH   XBRL Taxonomy Extension Schema Document
   101.CAL   XBRL Taxonomy Extension Calculation Linkbase Document
   101.DEF   XBRL Taxonomy Extension Definition Linkbase Document
   101.LAB   XBRL Taxonomy Extension Label Linkbase Document
   101.PRE   XBRL Taxonomy Extension Presentation Linkbase Document

 

C-6

ITEM 28. DIRECTORS AND OFFICERS OF THE INSURANCE COMPANY.

Set forth below is information regarding the directors and principal officers of the Insurance Company. The Insurance Company’s address is 1345 Avenue of the Americas, New York, New York 10105. The business address of the persons whose names are preceded by an asterisk is that of the Insurance Company.

 

NAME AND PRINCIPAL

BUSINESS ADDRESS

   

POSITIONS AND OFFICES WITH

THE INSURANCE COMPANY

DIRECTORS   
Douglas A. Dachille    Director
Legacy Liability Solutions, LLC   
161 N. Clark Street   
Chicago, IL 60602   
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   
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   
525 Park Avenue, 8D   
New York, New York 10065   
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
*Erik Bass    Chief Strategy Officer and Signatory Officer
*Mary Jean Bonadonna    Signatory Officer
*Nicholas Chan    Deputy Treasurer
*Eric Colby    Signatory Officer
*Glen Gardner    Chief Investment Officer
*Kenneth Kozlowski    Signatory Officer
*Carol Macaluso    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
*Antonio Di Caro    Signatory Officer
*Shelby Hollister-Share    Signatory Officer

*Manuel Prendes    Signatory Officer
*Stephen Scanlon    Signatory Officer
*Samuel Schwartz    Signatory Officer
*Stephanie Shields    Signatory Officer
*Joseph M. Spagnuolo    Signatory Officer
*Qi Ning (“Peter”) Tian    Treasurer
*Gina Tyler    Chief Communications Officer
*Constance Weaver    Chief Marketing Officer
*Xu (“Vincent”) Xuan    Chief Actuary
*Yun (“Julia”) Zhang    Chief Risk Officer

Item 29.

Persons Controlled by or Under Common Control with the Insurance Company or the Registered Separate Account.

Separate Account A of Equitable Financial Life Insurance Company (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:

Equitable Holdings, Inc. - Subsidiary Organization Chart: Q1-2025, filed herewith to Registration Statements on Form N-4 (File Nos. 333-130988; 333-282690) on August 22, 2025.

 

C-10

Item 30.

Indemnification

 

  (a)

Indemnification of Directors and Officers

The By-Laws of Equitable Financial Life Insurance Company (“Equitable Financial”) 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 testor 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 testor 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, Nationwide, Berkley, Berkshire, SOMPO, Chubb, Markel, Ascot, Bowhead, and Westfield. 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, Inc. 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, Inc. 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 Insurance Company pursuant to the foregoing provisions, or otherwise, the Insurance Company has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as

 

C-11

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 Insurance Company of expenses incurred or paid by a director, officer or controlling person of the Insurance Company 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 Insurance Company 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.

 

C-12

ITEM 31. PRINCIPAL UNDERWRITERS

 

(a)

Equitable Advisors, LLC and Equitable Distributors, LLC are the principal underwriters for:

 

  (i)

Separate Account No. 49, Separate Account No. 70, Separate Account A, Separate Account FP, Separate Account I and Separate Account No. 45 of Equitable Financial

 

  (ii)

Separate Account No. 49B of Equitable Colorado

 

  (iii)

EQ Advisors Trust

 

  (iv)

Variable Account AA, Equitable America Variable Account A, Equitable America Variable Account K, Equitable America Variable Account L, and Equitable America Variable Account 70A.

 

(b)

Equitable Advisors is the principal underwriter of Equitable Financial’s Separate Account No. 301.

 

(c)

Set forth below is certain information regarding the directors and principal officers of Equitable Advisors, LLC and Equitable Distributors, LLC:

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
*Yun (“Julia”) Zhang    Director
*Ralph E. Browning, II    Chief Privacy Officer
*Mary Jean Bonadonna    Chief Risk Officer
*Patricia Boylan    Broker Dealer Chief Compliance Officer
*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
*Tracy Zimmerer    Vice President, Principal Operations Officer
*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
*Dustin Long    Vice President
*Christopher LaRussa    Investment Advisor Chief Compliance Officer
*Christian Cannon    Vice President and General Counsel
Paul Scott Peterson    Vice President, Assistant Treasurer and Signatory Officer
*Samuel Schwartz    Vice President

*Dennis Sullivan    Vice President
*Peter Tian    Senior Vice President, Treasurer and Signatory Officer
*Constance (Connie) Weaver    Vice President
*Michael Brudoley    Secretary
*Christine Medy    Assistant Secretary
*Francesca Divone    Assistant Secretary

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
*Jim Kais    Director and Head of Group Retirement
*Jason Brown    Deputy Chief Compliance Officer
*Ursula Carty    Head of Commercial Line Marketing
*Amy Feintuch    Head of Independent Relationships- Financial Protection
*Steve Junge    National Sales Manager – 1290 Funds
*James O’Connor    Head of Business Development and Key Accounts Group Retirement
*David Kahal    Signatory Officer
*Fred Makonnen    Signatory Officer
*Arielle D’ Auguste    Signatory Officer and General Counsel
*Alfred D’Urso    Signatory Officer and Chief Compliance Officer
*Candace Scappator    Signatory Officer, Chief Financial Officer, Principal Financial Officer and Principal Operations Officer
*Gina Jones    Signatory Officer and Financial Crime Officer
*Yun (“Julia”) Zhang    Signatory Officer and Chief Risk Officer

*Francesca Divone    Secretary
*Stephen Scanlon    Director, Head of Individual Retirement and Signatory Officer
*Prabha (“Mary”) Ng    Signatory Officer and Chief Information Security Officer
*Michael Brudoley    Assistant Secretary
*Christine Medy    Assistant Secretary

* Principal Business Address:

1345 Avenue of the Americas

NY, NY 10105

(d)

 

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  

ITEM 31A. Information about Contracts with Index-Linked Options and Fixed Options Subject to a Contract Adjustment.

 

(a)

For any Contract with Index-Linked Options and/or Fixed Options subject to a Contract Adjustment offered through this registration statement, provide the information required by the following table as of December 31 of the prior calendar year.

 

Name of the Contract

    Number of
Contracts
outstanding		      Total value
attributable
to the Index-
Linked Option
and/or Fixed
Option
subject to a
Contract
Adjustment		      Number of
Contracts
sold during
the prior
calendar
year		      Gross premiums
received
during the prior
calendar year		      Amount of
Contract value
redemmed
during the
prior year		      Combination
Contract
(Yes/No)

EQUI-VEST (Series 900)

      100,819      $ 70,707,932        7,083      $ 269,108,215      $ 276,633,143      Yes

EQUI-VEST (Series 901)

      64,883      $ 71,683,637        8,353      $ 326,027,165      $ 162,460,936      Yes

 

(b)

See Exhibit (27)(r) Historical Current Limits on Index Gains

Item 32.

Location of Accounts and Records

This information is omitted as it is provided in Registered Separate Account’s most recent report on Form N-CEN.

 

Item 33.

Management Services

Not applicable.

 

Item 34.

Fee Representation and Undertakings

 

  (a)

The Insurance Company represents, with respect to the variable investment options, 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 Insurance Company under the respective Contracts.

The Registered Separate Account 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. Registered Separate Account further represents that it will comply with the provisions of paragraphs (1)-(4) of that letter.

 

  (b)

With regard to Index-Linked Options and/or Fixed Options subject to a Contract Adjustment, the Insurance Company hereby undertakes:

 

  (1)

To file, during any period in which offers or sales are being made, a post-effective amendment to the registration statement to include any prospectus required by section 10(a)(3) of the Securities Act; and

 

  (2)

That, for the purpose of determining any liability under the Securities Act, each such post-effective amendment shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof.

The Insurance Company hereby further represents that it is relying upon Rule 6c-7 of the Investment Company Act of 1940 (the “1940 Act”) in claiming an exemption from certain provisions of Sections 22(e) and 27 of the 1940 Act for registered separate accounts offering variable annuity contracts to participants in the Texas Optional Retirement Program. Further, Equitable Financial has or will comply with Rule 6c-7(a)-(d) of the 1940 Act with respect to Texas Optional Retirement Program participants.

 

 

C-17

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 registration statement under rule 485(b) under the Securities Act and has duly caused this registration statement to be signed on its behalf by the undersigned, duly authorized, in the City and State of New York, on this 22nd day of August, 2025.

 

Separate Account A

(Registered Separate Account)

By:   /s/ Alfred Ayensu-Ghartey
  Alfred Ayensu-Ghartey
  Vice President and Associate General Counsel
Equitable Financial Life Insurance Company
(Insurance Company)
By:   /s/ Alfred Ayensu-Ghartey
  Alfred Ayensu-Ghartey
  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      Mark Pearson     
Arlene Isaacs-Lowe      Bertram Scott     
Joan Lamm-Tennant        George Stansfield     
Daniel G. Kaye      Charles G.T. Stonehill     
Craig MacKay      Douglas A. Dachille     

 

*By:   /s/ Alfred Ayensu-Ghartey
  Alfred Ayensu-Ghartey
  Attorney-in-Fact
  August 22, 2025

ATTACHMENTS / EXHIBITS

LEGAL OPINION AND CONSENT

CONSENT OF PRICEWATERHOUSECOOPERS LLP

POWERS OF ATTORNEY

EQUITABLE HOLDINGS, INC. - SUBSIDIARY ORGANIZATION CHART: Q1-2025

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