As filed with the Securities and Exchange Commission on December 7, 1999
Registration Nos. 333-47219
No. 811-08677
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C 20549
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FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
Pre-Effective Amendment No.
Post-Effective Amendment No. _6 [ X]
And
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [ X]
Amendment No. 7
SEPARATE ACCOUNT VA-6NY
(Exact Name of Registrant)
TRANSAMERICA LIFE INSURANCE COMPANY OF NEW YORK
(Name of Depositor)
100 MANHATTANVILLE ROAD, PURCHASE, NEW YORK 10577
(Address of Depositor's Principal Executive Offices)
Depositor's Telephone Number, including Area Code: (914) 701-6000
Name and Address of Agent for Service: Copy to:
JAMES W. DEDERER, ESQ. FREDERICK R. BELLAMY, ESQ.
GENERAL COUNSEL SUTHERLAND, ASBILL & BRENNAN, L.L.P.
TRANSAMERICA LIFE INSURANCE 1275 PENNSYLVANIA AVENUE, N.W.
COMPANY OF NEW YORK WASHINGTON, D.C. 20004-2404
100 MANHATTANVILLE ROAD
PURCHASE, NEW YORK 10577
Approximate date of proposed public
offering: AS SOON AS PRACTICABLE AFTER EFFECTIVENESS OF
THE REGISTRATION STATEMENT.
Title of securities being registered: Interests in a separate account under
flexible premium deferred variable annuity contracts.
It is proposed that this filing will become effective:
___immediately upon filing pursuant to paragraph (b)
x on December 8, 1999 pursuant to paragraph (b)
___60 days after filing pursuant to paragraph (a)(1)
___ on _ pursuant to paragraph (a)(1)
If appropriate, check the following box:
____this Post-Effective Amendment designates a new effective date for a
previously filed Post-Effective Amendment.
<PAGE>
Incorporating by reference Post-Effective Amendment No. 1 File No. 333-47219
(Filed April 29, 1999) to this Registration Statement on Form N-4, the Cross
Reference Page, Prospectus, and Statement of Additional Information.
<PAGE>
TRANSAMERICA CLASSIC(R) VARIABLE ANNUITY
ISSUED BY
TRANSAMERICA LIFE INSURANCE COMPANY OF NEW YORK
SEPARATE ACCOUNT VA-6NY
Supplement Dated December 8, 1999
To
Prospectus Dated May 1, 1999
THE FOLLOWING INFORMATION SUPPLEMENTS THE PROFILE. YOU SHOULD READ IT TOGETHER
WITH THE PROFILE.
1. Item 7 on page 3 is changed, in its entirety, to read as follows:
7. ACCESS TO YOUR MONEY. You can generally take money out at any time
during the accumulation phase. We may assess a contingent deferred
sales load of up to 6% of a premium, but no contingent deferred sales
load will be assessed on money that has been in the policy for seven
years or longer.
Subject to certain conditions, each policy year you may withdraw the
greater of accumulated earnings or 15% of premiums received less than
seven years old as of the last policy anniversary without incurring a
contingent deferred sales load. You may, at any time, withdraw
premiums held for at least seven policy years and accumulated
earnings not previously withdrawn without incurring a contingent
deferred sales load.
For policies issued before December 8, 1999, the amount you may
withdraw each year without incurring a contingent deferred sales load
is equal to 15% of premiums received during the last seven policy
years as of the last policy anniversary, less any withdrawals taken
in the current policy year. You may, at any time, withdraw premiums
that have been held for at least seven policy years not previously
withdrawn without incurring such sales load.
Withdrawals from qualified policies may be subject to severe
restrictions and, in certain circumstances, prohibited.
You may have to pay income taxes on amounts you withdraw and there
may also be a 10% tax penalty if you make withdrawals before you are
59 1/2 years old.
THE FOLLOWING INFORMATION SUPPLEMENTS THE PROSPECTUS. YOU SHOULD READ IT
TOGETHER WITH THE PROSPECTUS.
1. The RANGE OF CONTINGENT DEFERRED SALES LOAD OVER TIME section on page 5 is
changed to read:
<TABLE>
<CAPTION>
RANGE OF CONTINGENT DEFERRED SALES LOAD OVER TIME:
CONTINGENT DEFERRED
YEARS SINCE SALES LOAD
PREMIUM RECEIPT as a percentage of premium
<S> <C> <C>
Less than 1 year 6%
1 year but less than 2 years 6%
2 years but less than 3 years 5%
3 years but less than 4 years 5%
4 years but less than 5 years 4%
5 years but less than 6 years 4%
6 years but less 7 years 2%
7 or more years 0%
</TABLE>
Page 1 of 3
2. The CONTINGENT DEFERRED SALES LOAD/SURRENDER CHARGE section on
page 9 is changed, in its entirety, as follows:
CONTINGENT DEFERRED SALES LOAD/
SURRENDER CHARGE
We do not deduct a sales charge when premiums are paid, although premium
tax charges may be deducted. However, if any part of the policy value is
withdrawn, we may deduct a contingent deferred sales load, or surrender
charge, of up to 6% of premiums. After we have held a premium for seven
years, you may withdraw it without charge. See Contingent Deferred Sales
Load/Surrender Charge on page 26.
Also, beginning 30 days from the policy effective date, or at the end of
the free look period if this ends later, you may withdraw any portion of
the allowed amount each policy year without imposition of any contingent
deferred sales load/surrender charge.
For policies issued on or after December 8, 1999, the allowed amount each
policy year is equal to:
a) during the first policy year, the greater of:
o accumulated earnings not previously withdrawn; or
o 15% of the total premiums received as of the date of withdrawal; and
b) after the first policy year, the greater of:
o accumulated earnings not previously withdrawn; or
o 15% of premiums received less than seven complete policy years determined
as of the last policy anniversary.
Withdrawals will be made first from earnings and then from premiums on a
first-in/first-out basis. If an allowed amount is not withdrawn during a
policy year, it does not carry over to the next policy year.
Premiums not previously withdrawn that have been held at least seven full
policy years and accumulated earnings not previously withdrawn may be
withdrawn without charge.
For policies issued before December 8, 1999, the allowed amount each
policy year is equal to:
a) 15% of the total premiums received during the last seven years determined
as of the last policy anniversary; minus
b) any withdrawals during the present policy year.
Withdrawals will be made first from premiums on a first-in/first-out
basis and then from earnings. If the allowed amount is not fully
withdrawn during a policy year, it does not carry over to the next policy
year.
Premiums held for seven full policy years may be withdrawn without
charge.
3. The FREE WITHDRAWALS-ALLOWED AMOUNT section on page 27 is changed, in its
entirety, as follows:
FREE WITHDRAWALS-ALLOWED AMOUNT
Beginning 30 days after the policy effective date, or the end of the free
look period, if later, you may make a withdrawal up to the allowed amount
without incurring a contingent deferred sales load/surrender charge each
policy year before the annuity date.
Page 2 of 3
For policies issued on or after December 8, 1999, the allowed amount each
policy year is equal to:
a) during the first policy year, the greater of:
o accumulated earnings not previously withdrawn; or
o 15% of the total premiums received as of the date of withdrawal; and
b) after the first policy year, the greater of:
o accumulated earnings not previously withdrawn; or
o 15% of premiums received less than seven complete policy years determined
as of the last policy anniversary.
Withdrawals will be made first from earnings and then from premiums on a
first-in/first-out basis. If an allowed amount is not withdrawn during a
policy year, it does not carry over to the next policy year.
Premiums not previously withdrawn that have been held at least seven full
policy years and accumulated earnings not previously withdrawn may be
withdrawn without charge.
For policies issued before December 8, 1999, the allowed amount each
policy year is equal to:
a) 15% of the total premiums received during the last seven years determined
as of the last policy anniversary; minus
b) any withdrawals during the present policy year.
Withdrawals will be made first from premiums on a first-in/first-out
basis and then from earnings. If the allowed amount is not fully
withdrawn or paid out during a policy year, it does not carry over to the
next policy year.
Premiums held for seven full policy years may be withdrawn without
charge.
Page 3 of 3
<PAGE>
OTHER INFORMATION
Item 24. Financial Statements and Exhibits
(a) Financial Statements:
Not Applicable.
(b) Exhibits:
(1) Resolutions of Board of Directors of Transamerica Life Insurance Company of
New York (the "Company") authorizing the creation of Separate Account VA-6NY
(the "Separate Account"). 1/
(2) Not Applicable.
(3) Form of Underwriting Agreement between the Company, the Separate Account and
Transamerica Securities Sales Corporation. 1/
(4) Form of Flexible Premium Deferred Variable Annuity Contract. 1/ 4/
(5) Form of Application for Flexible Premium Variable Annuity. 1/
(6) (a) Articles of Incorporation of Transamerica Life Insurance Company of New
York. 1/2/
(b) By-Laws of Transamerica Life Insurance Company of New York. 1/2/
(7) Not Applicable.
(8) Form of Participation Agreements regarding the Portfolio.
(a) re The Alger American Fund 1/
(b) re Alliance Variable Products Series Fund, Inc. 1/
(c) re Dreyfus Variable Investment Fund 2/
(d) re Janus Aspen Series 1/
(e) re MFS Variable Insurance Trust 1/
(f) re Morgan Stanley Universal Funds, Inc. 1/
(g) re OCC Accumulation Trust 1/
(h) re Transamerica Variable Insurance Fund, Inc. 1/
(9) Opinion and Consent of Counsel. 1/
(10) (a) Consent of Counsel. 1/
(b) Consent of Independent Auditors. 1/2/ 3/
(11) No financial statements are omitted from Item 23.
(12) Not Applicable.
(13) Performance Data Calculations. 1/
(14) Not Applicable.
(15) Powers of Attorney. 1/2
Thomas O'Neill
- ----------------------------
1/ Incorporated by reference to the like-numbered exhibit to the initial
filing of the Registration Statement of Transamerica Life Insurance
Company of New York's Separate Account VA-6NY on Form N-4, File No.
333-47219 (March 4, 1998).
2/ Incorporated by reference to the like-numbered exhibit to Pre-Effective
Amendment No. 1 of the Registration Statement of Transamerica Life
Insurance Company of New York's Separate Account VA-6NY on Form N-4,
File No.
333-47219 (June 11, 1998).
3/ Incorporated by reference to the like-numbered exhibit to
Post-Effective Amendment No. 1 of the Registration Statement of
Transamerica Life Insurance Company of New York's Separate Account
VA-6NY on Form N-4, File No.
333-47219 (April 29, 1999).
4/ Incorporated by reference to the like-numbered exhibit to
Post-Effective Amendment No. 2 of the Registration Statement of
Transamerica Life Insurance Company of New York's Separate Account
VA-6NY on Form N-4, File No.
333-47219 (July 30, 1999).
<PAGE>
Item 25. Directors and Officers of the Depositor.
The names of Directors and Executive Officers of the Company, their
positions and offices with the Company, and their other affiliations
are as follows. The address of Directors and Executive Officers is 1150
South Olive Street, Los Angeles, California 90015-2211, unless
indicated by asterisk.
List of Directors of Transamerica Life Insurance Company of New York:
Marc C. Abrahms*
James T. Byrne, Jr.*
Alan T. Cunningham*
John A. Fibiger
Daniel E. Jund
Thomas O'Neill**
James B. Roszak
Robert Rubinstein*
Nooruddin S. Veerjee
*100 Manhattanville Road, Purchase, New York 10577
**Transamerica Square, 401 N. Tryon Street, Charlotte, North Carolina 28202
List of Officers for Transamerica Life Insurance Company of New York:
<TABLE>
<CAPTION>
<S> <C>
Alan T. Cunningham President
Robert Rubinstein Senior Vice President, Chief Actuary, Chief Operating
Officer and Secretary
James W. Dederer General Counsel
Rudy Veerjee, FSA Chairman
John Bailey Vice President
Nicki Bair FSA,MAAA Vice President
Patrick S. Baird Vice President
David Blankenship Vice President
Sandra C. Brown Vice President
Kirk W. Buese Vice President
David M. Carney Vice President
Roy Chong-Kit FSA,MAAA Vice President
Brenda K. Clancy Vice President
William S. Cook Vice President
Mark E. Dunn Vice President
Alan F. Fletcher Vice President
Eric B. Goodman Vice President
Kamran Haghighi Tax Officer
David R. Halfpap Vice President
Paul Hankwitz MD Vice President and Chief Medical Director
Robert L. Hansen Vice President
Marsha Hicks Vice President and Assistant Secretary
Frederick B. Howard Vice President
William M. Hurst Assistant Secretary
John D. Kettering Vice President
Ken Kilbane Vice President
Danny L. Kolsrud Vice President
Douglas C. Kolsrud Vice President
William J. Lyons Vice President and Chief Underwriter
James D. MacKinnon Vice President
Steven J. Myers Vice President
Thomas L. Nordstrom Vice President
Ralph M. O'Brien Vice President
Marcy T. Pech Vice President
Dennis Roland Investment Officer
Gary U. Rolle Investment Officer
Lindsay Schumacher Vice President
Clifford A. Sheets Vice President
Susan A. Silbert Investment Officer
Michael B. Simpson Vice President
Jon L. Skaags Vice President
Robert A. Smedley Vice President
Alexander Smith, Jr. Vice President, Administration and Controller
Michael S. Smith Vice President
Bradley L. Stofferahn Vice President
Gregory W. Theobald Vice President and Assistant Secretary
Craig D. Vermie Vice President
Timothy Weis Vice President
Sally S. Yamada Treasurer
Lisa Patterson Second Vice President
John Donner Assistant Secretary
Shirley LeMaster Senior Settlements Coordinator
Michael N. Meese Portfolio Manager
Julie Schloss Investment Administrator
Robert C. Woodcock Vice President and Assistant Secretary
Cindy L. Chanley Vice President
Roger N. Freeman Vice President
Marvin A. Johnson Vice President
Ronald L. Ziegler Vice President
Andrew Kanelos Second Vice President
Donna J. Spalding Second Vice President
Tonya J. Vessels Second Vice President
Gregory E. Miller-Breetz Assistant Secretary
Jack R. Dykhouse Vice President
Christopher Guckert Assistant Vice President
</TABLE>
Item 26. Persons Controlled by or Under Common Control with the Depositor or
Registrant
Registrant is a separate account of Transamerica Life Insurance Company of new
York, is controlled by the Contract Owners, and is not controlled by or under
common control with any other person. The Depositor, Transamerica Life Insurance
Company of New York, is wholly owned by Transamerica Occidental Life Insurance
Company, which is wholly owned by Transamerica Insurance Corporation of
California (Transamerica-California). Transamerica-California may be deemed to
be controlled by its parent, Transamerica Corporation.
The following chart indicates the persons controlled by or
under common control with Transamerica.
TRANSAMERICA CORPORATION AND SUBSIDIARIES
WITH STATE OR COUNTRY OF INCORPORATION
- -
ARC Reinsurance Corporation
Transamerica Management, Inc. -- DE
BWAC Seventeen, Inc.
Transamerica Commercial Finance Canada, Limited -- ON Transamerica Commercial
Finance Corporation, Canada -- Can.
BWAC Twelve, Inc.
TIFCO Lending Corporation -- IL
Transamerica Insurance Finance Corporation -- MD
BWAC Twenty-One, Inc.
Transamerica Commercial Holdings Limited -- U.K.
First Florida Appraisal Services, Inc.
First Georgia Appraisal Services, Inc. -- GA
Greybox L.L.C.
Transamerica Trailer Leasing S.N.C. -- Fra.
Intermodal Equipment, Inc.
Transamerica Leasing N.V. -- Belg.
Transamerica Leasing SRL -- Itl.
Inventory Funding Trust
Inventory Funding Company, LLC -- DE
Metropolitan Mortgage Company
Easy Yes Mortgage, Inc. -- FL
Easy Yes Mortgage, Inc. -- GA
First Florida Appraisal Services, Inc. -- FL
Freedom Tax Services, Inc. -- FL
J.J. & W. Advertising, Inc. -- FL
J.J. & W. Realty Services, Inc. -- FL
Liberty Mortgage Company of Ft. Myers, Inc. -- FL
Metropolis Mortgage Company -- FL
Perfect Mortgage Company -- FL
Pyramid Insurance Company, Ltd.
Pacific Cable Ltd. -- Bmda.
TA Leasing Holding Co., Inc.
Trans Ocean Ltd. -- DE
Transamerica Leasing Inc. -- DE
Trans Ocean Container Corp.
SpaceWise Inc. -- DE
Trans Ocean Container Finance Corp. -- DE
Trans Ocean Leasing Deutschland GmbH -- Ger.
Trans Ocean Leasing PTY Limited -- Aust.
Trans Ocean Management S.A. -- SWTZ
Trans Ocean Regional Corporate Holdings -- CA
Trans Ocean Tank Services Corporation -- DE
Trans Ocean Ltd.
Trans Ocean Container Corp. -- DE
Transamerica Accounts Holding Corporation
ARS Funding Corporation -- DE
Transamerica Acquisition Corporation
Camtrex Group, Inc. --
Transamerica Business Credit Corporation
Bay Capital Corporation -- DE
Coast Funding Corporation -- DE
Direct Capital Equity Investment, Inc. -- DE
Gulf Capital Corporation -- DE
TA Air East, Corp. --
TA Air III, Corp. -- DE
TA Air IV, Corp. -- DE
TA Air IX, Corp. -- DE
TA Air I, Corp. -- DE
TA Air VIII, Corp. --
TA Air VII, Corp. --
TA Air VI, Corp. --
TA Air V, Corp. --
TA Air X Corp. -- DE
TA Marine I Corp. -- DE
TA Marine II Corp. -- DE
TBC III, Inc. -- DE
TBC II, Inc. -- DE
TBC IV, Inc. -- DE
TBC I, Inc. -- DE
TBC Tax III, Inc. -- DE
TBC Tax II, Inc. -- DE
TBC Tax IV, Inc. -- DE
TBC TAX IX, Inc. -- DE
TBC Tax I, Inc. -- DE
TBC Tax VIII, Inc. -- DE
TBC Tax VII, Inc. -- DE
TBC Tax VI, Inc. -- DE
TBC Tax V, Inc. -- DE
TBC V, Inc. -- DE
TBCC Funding Trust I --
TBCC Funding Trust II --
The Plain Company -- DE
Transamerica Mezzanine Financing, Inc. --
Transamerica Small Business Services, Inc. --
Transamerica Business Credit Corporation - DE
TA Air II, Corp. -- DE
Transamerica Commercial Finance Canada, Limited
Transamerica Acquisition Corporation -- Can.
Transamerica Commercial Finance Corporation
Inventory Funding Trust -- DE
TCF Asset Management Corporation -- CO
Transamerica Distribution Finance Corporation de Mexico --
Transamerica Joint Ventures, Inc. -- DE
Transamerica Commercial Finance Corporation, I
BWAC Credit Corporation -- DE
BWAC International Corporation -- DE
BWAC Twelve, Inc. -- DE
Transamerica Business Credit Corporation -- DE
Transamerica Distribution Finance Corporation -- DE
Transamerica Equipment Financial Services Corporation --
Transamerica Commercial Finance Limited
WFC Polska Sp. Zo.o --
Transamerica Commercial Holdings Limited
Transamerica Commercial Finance Limited -- U.K.
Transamerica Trailer Leasing Limited -- NY
Transamerica Trailer Leasing Limited -- U.K.
Transamerica Consumer Finance Holding Company
Metropolitan Mortgage Company -- FL
Pacific Agency, Inc. -- IN
Transamerica Consumer Mortgage Receivables Corporation -- DE
Transamerica Mortgage Company -- DE
Transamerica Corporation
ARC Reinsurance Corporation -- HI
Inter-America Corporation -- CA
Pyramid Insurance Company, Ltd. -- HI
RTI Holdings, Inc. -- DE
Transamerica Airlines, Inc. -- DE
Transamerica Business Technologies Corporation -- DE
Transamerica CBO I, Inc. -- DE
Transamerica Corporation (Oregon) -- OR
Transamerica Delaware, L.P. -- DE
Transamerica Finance Corporation -- DE
Transamerica Financial Products, Inc. -- CA
Transamerica Foundation -- CA
Transamerica Insurance Corporation of California -- CA
Transamerica Intellitech, Inc. -- DE
Transamerica International Holdings, Inc. -- DE
Transamerica Investment Services, Inc. -- DE
Transamerica LP Holdings Corp. -- DE
Transamerica Pacific Insurance Company, Ltd. -- HI
Transamerica Real Estate Tax Service (A Division of Transamerica Corporation)
-- N/A
Transamerica Realty Services, Inc. -- DE
Transamerica Senior Properties, Inc. -- DE
TREIC Enterprises, Inc. -- DE
Transamerica Distribution Finance Corporation Transamerica Accounts Holding
Corporation -- DE Transamerica Commercial Finance Corporation -- DE
Transamerica Inventory Finance Corporation -- DE Transamerica Retail Financial
Services Corporation -- DE Transamerica Vendor Financial Services Corporation
-- DE
Transamerica Distribution Finance Corporation de Mexico
TDF de Mexico --
Transamerica Distribution Finance Corporation de Mexico and TDF de Mexico
Transamerica Corporate Services de Mexico --
Transamerica Finance Corporation
TA Leasing Holding Co., Inc. -- DE
Transamerica Commercial Finance Corporation, I -- DE
Transamerica Home Loan -- CA
Transamerica HomeFirst, Inc. -- CA
Transamerica Lending Company -- DE
Transamerica Financial Resources, Inc.
Financial Resources Insurance Agency of Texas -- TX
TBK Insurance Agency of Ohio, Inc. -- OH
Transamerica Financial Resources Insurance Agency of Alabama Inc. -- AL
Transamerica Financial Resources Insurance Agency of Massachusetts Inc. -- MA
Transamerica GmbH Inc.
Transamerica Financieringsmaatschappij B.V. -- Neth.
Transamerica GmbH - Germany -- Ger.
Transamerica Insurance Corporation of California
Arbor Life Insurance Company -- AZ
Bulkrich Trading --
Gemini Investments, Inc. --
Plaza Insurance Sales, Inc. -- CA
Transamerica Advisors, Inc. -- CA
Transamerica Annuity Service Corporation -- NM
Transamerica Financial Resources, Inc. -- DE
Transamerica International Insurance Services, Inc. -- DE
Transamerica Occidental Life Insurance Company -- CA
Transamerica Products, Inc. -- CA
Transamerica Securities Sales Corporation -- MD
Transamerica Service Company -- DE
Transamerica Insurance Finance Corporation
Transamerica Insurance Finance Company (Europe) -- MD
Transamerica Insurance Finance Corporation
Transamerica Insurance Finance Corporation, California -- CA
Transamerica Insurance Finance Corporation - MD
Transamerica Insurance Finance Corporation, Canada -- ON
Transamerica Intellitech, Inc.
Information Service Corp. --
Transamerica International Insurance Services, Inc.
Home Loans and Finance Ltd. -- U.K.
Transamerica Inventory Finance Corporation
BWAC Seventeen, Inc. -- DE
BWAC Twenty-One, Inc. -- DE
Transamerica Commercial Finance France S.A. -- Fra.
Transamerica GmbH Inc. -- DE
Transamerica Investment Services, Inc.
Transamerica Income Shares, Inc. (managed by TA Investment Services) -- MD
Transamerica Leasing Holdings Inc.
Greybox Logistics Services Inc. -- DE
Greybox L.L.C. -- DE
Greybox Services Limited -- U.K.
Intermodal Equipment, Inc. -- DE
Transamerica Distribution Services Inc. -- DE
Transamerica Leasing Coordination Center -- Belg.
Transamerica Leasing do Brasil Ltda. -- Braz.
Transamerica Leasing GmbH -- Ger.
Transamerica Leasing Limited -- U.K.
Transamerica Leasing Pty. Ltd. -- Aust.
Transamerica Leasing (Canada) Inc. -- Can.
Transamerica Leasing (HK) Ltd. -- H.K.
Transamerica Leasing (Proprietary) Limited -- S.Afr.
Transamerica Tank Container Leasing Pty. Limited -- Aust.
Transamerica Trailer Holdings I Inc. -- DE
Transamerica Trailer Holdings II Inc. -- DE
Transamerica Trailer Holdings III Inc. -- DE
Transamerica Trailer Leasing AB -- Swed.
Transamerica Trailer Leasing AG -- SWTZ
Transamerica Trailer Leasing A/S -- Denmk.
Transamerica Trailer Leasing GmbH -- Ger.
Transamerica Trailer Leasing (Belgium) N.V. -- Belg.
Transamerica Trailer Leasing (Netherlands) B.V. -- Neth.
Transamerica Trailer Spain S.A. -- Spn.
Transamerica Transport Inc. -- NJ
Transamerica Leasing Inc.
Better Asset Management Company LLC -- DE
Transamerica Leasing Holdings Inc. -- DE
Transamerica Leasing Limited
ICS Terminals (UK) Limited -- U.K.
Transamerica Life Insurance and Annuity Company
Transamerica Assurance Company -- MO
Transamerica Management, Inc.
Criterion Investment Management Company -- TX
Transamerica Occidental Life Insurance Company
NEF Investment Company -- CA
Transamerica China Investments Holdings Limited -- H.K.
Transamerica International RE (Bermuda) Ltd. -- Bmda.
Transamerica Life Insurance and Annuity Company -- NC
Transamerica Life Insurance Company of Canada -- Can.
Transamerica Life Insurance Company of New York -- NY
Transamerica South Park Resources, Inc. -- DE
Transamerica Variable Insurance Fund, Inc. -- MD
USA Administration Services, Inc. -- KS
Transamerica Products, Inc.
Transamerica Products II, Inc. -- CA
Transamerica Products IV, Inc. -- CA
Transamerica Products I, Inc. -- CA
Transamerica Real Estate Tax Service
Transamerica Flood Hazard Certification (A Division of TA Real Estate Tax
Service) -- N/A Transamerica Realty Services, Inc.
Bankers Mortgage Company of California -- CA
Pyramid Investment Corporation -- DE
The Gilwell Company -- CA
Transamerica Affordable Housing, Inc. -- CA
Transamerica Minerals Company -- CA
Transamerica Oakmont Corporation -- CA
Ventana Inn, Inc. -- CA
Transamerica Retail Financial Services Corporation
Transamerica Consumer Finance Holding Company -- DE
Whirlpool Financial National Bank -- DE
Transamerica Senior Properties, Inc.
Transamerica Senior Living, Inc. -- DE
Transamerica Small Business Services, Inc.
Emergent Business Capital Holdings, Inc. --
*Designates INACTIVE COMPANIES
A Division of Transamerica Corporation
ss.Limited Partner; Transamerica Corporation is General Partner
Item 27. Number of Contractowners
Non-qualified: 89
Qualified: 50
Item 28. Indemnification
Transamerica Life Insurance Company of New York's ByLaws
provide in Article VIII as follows:
The Corporation shall indemnify to the fullest extent now or
hereafter provided for or permitted by law each person
involved in, or made or threatened to be made a party to, any
action suit, claim or proceeding, whether civil or criminal,
including any investigative, administrative, legislative, or
other proceeding, and including any action by or in the right
of the Corporation or any other corporation, or any
partnership, joint venture, trust, employee benefit plan, or
other enterprise (any such entity, other than the Corporation,
being hereinafter referred to as an "Enterprise"), and
including appeals therein (any such action or process being
hereinafter referred to as a "Proceeding"), by reason of the
fact that such person, such person's testator or intestate (i)
is or was a director or officer of the Corporation, or (ii) is
or was serving, at the request of the Corporation, as a
director, officer, or in any other capacity, or any other
Enterprise, against any and all judgments, amounts paid in
settlement, and expenses, including attorney's fees, actually
and reasonably incurred as a result of or in connection with
any Proceeding, except as provided in Subsection (b) below.
(b) No indemnification shall be made to or on
behalf of any such person if a judgment or other final
adjudication adverse to such person establishes that such
person's acts were committed in bad faith or were the
result of active and deliberate dishonesty and were
material to the cause of action so adjudicated, or that
such person personally gained in fact a financial profit
or other advantage to which such person was not legally
entitled. In addition, no indemnification shall be made
with respect to any Proceeding initiated by any such
person against the Corporation, or a director or officer
of the Corporation, other than to enforce the terms of
this Article VIII, unless such Proceeding was authorized
by the Board of Directors. Further, no indemnification
shall be made with respect to any settlement or compromise
of any Proceeding unless and until the Corporation has
consented to such settlement or compromise.
(c) Written notice of any Proceeding for which
indemnification may be sought by any person shall be given
to the Corporation as soon as practicable. The Corporation
shall then be permitted to participate in the defense of
any such proceeding or, unless conflicts of interest or
position exist between such person and the Corporation in
the conduct of such defense, to assume such defense. In
the event that the Corporation assumes the defense of any
such Proceeding, legal counsel selected by the Corporation
shall be reasonably acceptable to such person. After such
an assumption, the Corporation shall not be liable to such
person for any legal or other expenses subsequently
incurred unless such expenses have been expressly
authorized by the Corporation. In the event that the
Corporation participates in the defense of any such
Proceeding, such person may select counsel to represent
him in regard to such a Proceeding; however, such person
shall cooperate in good faith with any request that common
counsel be utilized by the parties to any Proceeding who
are similarly situated, unless to do so would be
inappropriate due to actual or potential differing
interests between or among such parties.
(d) In making any determination regarding any
person's entitlement to indemnification hereunder, it
shall be presumed that such person is entitled to
indemnification, and the Corporation shall have the burden
of proving the contrary.
Insofar as indemnification for liability arising under the
Securities Act of 1933 may be permitted to directors, officers
and controlling person of the registrant pursuant to the
foregoing provisions, or otherwise, the registrant has been
advised that in the opinion of the Commission such
indemnification is against public policy as expressed in the
1933 Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liability (other than
the payment by the registrant of expenses incurred or paid by
the 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 1933 Act and will be governed by the final adjudication of
such issue.
The directors and officers of Transamerica Life Insurance
Company of New York are covered under a Directors and Officers
liability program which includes direct coverage to directors
and officers (Coverage A) and corporate reimbursement
(Coverage B) to reimburse the Company for indemnification of
its directors and officers. Such directors and officers are
indemnified for loss arising from any covered claim by reason
of any Wrongful Act in their capacities as directors or
officers. In general, the term "loss" means any amount which
the insureds are legally obligated to pay for a claim for
Wrongful Acts. In general, the term "Wrongful Acts" means any
breach of duty, neglect, error, misstatement, misleading
statement or omission caused, committed or attempted by a
director or officer while acting individually or collectively
in their capacity as such, claimed against them solely by
reason of their being directors and officers.
Item 29. Principal Underwriter
(a) Transamerica Securities Sales Corporation, the
principal underwriter, is also the underwriter for:
Transamerica Investors, Inc.; Transamerica Variable
Insurance Fund, Inc.; Transamerica Occidental Life
Insurance Company's Separate Accounts: VL; VA-2;
VA-2L; VA-2NL; VA-5; VUL-1 and VUL-2; Transamerica
Life Insurance and Annuity Company's Separate
Accounts VA-1; VA-6; and VA-7; and Transamerica Life
Insurance Company of New York's Separate Account
VA-2LNY; VA-2NLNY; and VA-5NLNY. The Underwriter is
wholly-owned by Transamerica Insurance Corporation of
California.
(b) The following table furnishes information with
respect to each director and officer of the principal
Underwriter currently distributing securities of the
registrant:
Nicki Bair Director & President
Regina Fink Secretary
Nooruddin Veerjee Director & Chairman
Chris Shaw Vice President & Chief Compliance Officer
Sandy Brown Senior Vice President & Treasurer
George Chuang Vice President & Chief Financial Officer
Jay Gould Vice President
Milan Konkol Compliance Officer
Roy Chong-Kit Director
Item 30. Location of Accounts and Records
Physical possession of each account, book, or other
document required to be maintained is kept at the
Company's offices at 100 Manhattanville Road, Purchase,
New York 10577.
Item 31. Management Services
Not applicable.
Item 32. Undertakings
(a) The registrant undertakes that it will file a
post-effective amendment to this registration
statement as frequently as is necessary to ensure
that the audited financial statements in the
registration statement are never more than 16
months old for as long as premiums under the
policies offered herein are being accepted.
(b) Registrant hereby undertakes to include either
(1) as part of any application to purchase a
Contract offered by the prospectus, a space that
an applicant can check to request a Statement of
Additional Information, or (2) a post card or
similar written communication affixed to or
included in the prospectus that the applicant can
remove to send for a Statement of Additional
Information;
(c) Registrant hereby undertakes to deliver any
Statement of Additional Information and any
financial statements required to be made
available under Form N-4 promptly upon written or
oral request.
(d) Transamerica hereby represents that the fees and
charges deducted under the Contracts, in the
aggregate, are reasonable in relation to the
services rendered, the expenses expected to be
incurred, and the risks assumed by Transamerica.
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, Transamerica
Life Insurance Company of New York certifies that this Post-Effective Amendment
No. 6 to the Registration Statement meets all of the requirements for
effectiveness pursuant to Rule 485(b) under the Securities Act of 1933 and has
duly caused this Post-Effective Amendment No. 6 to the Registration Statement to
be signed on its behalf by the undersigned in the City of Los Angeles, State of
California on the 7th day of December, 1999.
SEPARATE ACCOUNT VA-6NY TRANSAMERICA
OF TRANSAMERICA LIFE INSURANCE COMPANY OF NEW YORK
LIFE INSURANCE COMPANY (DEPOSITOR)
OF NEW YORK
(REGISTRANT)
BY:______________________________________
William M. Hurst
Assistant Secretary
As Required by the Securities Act of 1933, this Post-Effective Amendment No. 6
to the Registration Statement has been signed by the following persons in the
capacities and on the date indicated.
<TABLE>
<CAPTION>
Signature Title Date
<S> <C> <C>
__________________________* Chairman and Director December 7, 1999
Nooruddin S. Veerjee
_________________________ * President and Director December 7, 1999
Alan T. Cunningham
___________________________* Senior Vice President, December 7, 1999
Robert Rubinstein Chief Actuary, Chief Operating
Officer, Secretary and Director
___________________________* Vice President - Administration December 7, 1999
Alexander Smith and Controller
___________________________* Director December 7, 1999
Marc C. Abrahms
___________________________* Director December 7, 1999
James T. Byrne, Jr.
___________________________* Director December 7, 1999
John Fibiger
___________________________* Director December 7, 1999
James B. Roszak
___________________________* Director December 7, 1999
Daniel E. Jund
___________________________* Director December 7, 1999
Thomas P. O'Neill
</TABLE>
On December 7, 1999 as Attorney -in-Fact pursuant to powers of attorney
previously filed and filed herewith, and in his own capacity as Assistant
Secretary.
By: /s/William M. Hurst
William M. Hurst
