Registration No. 33-89510
- -------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
------------------------------------
POST EFFECTIVE AMENDMENT NO. 5
TO
FORM S-3
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
The Equitable Life Assurance Society of the United States
(Exact name of registrant as specified in its charter)
---------------------------------------------------------
New York
(State or other jurisdiction of incorporation or organization)
13-5570651
(I.R.S. Employer Identification No.)
1290 Avenue of the Americas, New York, New York 10104
(212)554-1234
(Address, including zip code, and telephone number, including area code,
of registrant's principal executive offices)
------------------------------------------------------------------------
MARY P. BREEN
VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
The Equitable Life Assurance Society of the United States
1290 Avenue of the Americas, New York, New York 10104
(212)554-1234
(Name, address, including zip code, and telephone number,
including area code, of agent for service)
------------------------------------------------------------------
Please send copies of all communications to:
PETER E. PANARITES, ESQ.
Freedman, Levy, Kroll & Simonds
1050 Connecticut Avenue, N.W., Suite 825
Washington, D.C. 20036
<PAGE>
NOTE
This Post-Effective Amendment No. 5 ("PEA") to the Form S-3 Registration
Statement No. 33-89510 ("Registration Statement") of The Equitable Life
Assurance Society of the United States is being filed solely for the purpose of
adding the Edgarized exhibits listed in Part II, previously filed with the
Registration Statement in paper format. The PEA does not amend or delete any
other part of the Registration Statement.
<PAGE>
PART II
INFORMATION NOT REQUIRED IN PROSPECTUS
This Part II is amended solely for the purpose of adding Exhibits 1(a), 1(b),
4(a), 4(b), 4(c), 4(d), and 5(a) to Item 16, and refiling such exhibits
electronically. No amendment or deletion is made of any of the information set
forth under Part II as provided in the Registration Statement.
Item 16. Exhibits
--------
Exhibits No.
------------
1(a) Distribution and Servicing Agreement among Equico
Securities, Inc. (now EQ Financial Consultants,
Inc.), Equitable and Equitable Variable Life
Insurance Company, dated as of May 1, 1994,
incorporated by reference to Exhibit 3(c) to
Registration Statement 2-30070, filed July 10,
1998.
1(b) Sales Agreement, dated as of January 1, 1995, by
and among Equico Securities, Inc. (now EQ
Financial Consultants, Inc.), Equitable, Separate
Account A, Separate Account No. 301 and Separate
Account No. 51, incorporated by reference to
Exhibit 3(e) to Registration Statement 2-30070
filed July 10, 1998.
4(a) Form of Group Annuity Contract No. 1050-94IC,
incorporated by reference to Exhibit 4(f) to
Registration Statement 2-30070 filed July 10,
1998.
4(b) Form of Group Annuity Certificate Nos. 94ICA and
94ICB,incorporated by reference to Exhibit 4(g) to
Registration Statement No. 2-30070 filed July 10,
1998.
4(c) Forms of Endorsement Nos. 94ENIRAI, 94ENNQI and
94ENMVAI to Contract No. 1050-94IC, incorporated
by reference to Exhibit 4(h) to Registration
Statement No. 2-30070 filed July 10, 1998.
4(d) Forms of Data Pages to Endorsement Nos. 94ENIRAI,
94ENNQI, 94ENMVAI, incorporated by reference to
Exhibit 4(i) to Registration Statement No.
2-30070, filed July 10, 1998.
5(a) Opinion and consent of Jonathan Gaines, Esq. Vice
President and Associate General Counsel of
Equitable, previously filed with this Registration
Satement No. 33-89510 on February 14, 1995,
refiled electronically herewith.
II-1
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
registrant certifies that it has reasonable grounds to believe that it meets all
of the requirements for filing on Form S-3 and has duly caused this amendment to
the Registration Statement to be signed on its behalf by the undersigned,
thereunto duly authorized, in the City and State of New York, on July 10,
1998.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES
(Registrant)
By: /s/ Naomi Weinstein
----------------------
Naomi Weinstein
Vice President
Pursuant to the requirements of the Securities Act of 1933, this
amendment to the Registration Statement has been signed by or on behalf of the
following persons in the capacities and on the date indicated.
PRINCIPAL EXECUTIVE OFFICERS:
Michael Hegarty President, Chief Operating Officer and
Director
Edward D. Miller Chairman of the Board, Chief Executive
Officer and Director
PRINCIPAL FINANCIAL OFFICER:
Stanley B. Tulin Vice Chairman of the Board,
Chief Financial Officer and Director
PRINCIPAL ACCOUNTING OFFICER:
/s/ Alvin H. Fenichel
- ---------------------
Alvin H. Fenichel Senior Vice President and
July 10, 1998 Controller
DIRECTORS:
Francoise Colloc'h Donald J. Greene George T. Lowy
Henri de Castries John T. Hartley Edward D. Miller
Joseph L. Dionne John H.F. Haskell, Jr. Didier Pineau Valencienne
Denis Duverne Michael Hegarty George J. Sella, Jr.
William T. Esrey Mary R. (Nina) Henderson Stanley B. Tulin
Jean-Rene Fourtou W. Edwin Jarmain Dave H. Williams
Norman C. Francis G. Donald Johnston, Jr.
/s/ Naomi Weinstein
- ----------------------
Naomi Weinstein
Attorney-in-Fact
July 10, 1998
II-2
<PAGE>
<TABLE>
<CAPTION>
EXHIBIT NO. TAG VALUE
- ----------- --------
<S> <C> <C>
5(a) Opinion and Consent of Jonathan Gaines, Esq., EX-99.5a OPINION
Vice President and Associate General Counsel
of Equitable, previously filed with this
Registration Statement 33-89510 on
February 14, 1995, refiled electronically
herewith.
</TABLE>
JONATHAN E. GAINES
Vice President
and Associate General Counsel
(212) 554-3169
[EQUITABLE LOGO -- 1995 VERSION] Fax:(212) 554-1266
LAW DEPARTMENT
February 14, 1995
The Equitable Life Assurance Society
of the United States
787 Seventh Avenue
New York, New York 10019
Dear Sirs:
This opinion is furnished in connection with the filing by The Equitable
Life Assurance Society of the United States ("Equitable Life") of a Form S-3
Registration Statement of Equitable Life for the purpose of registering Market
Value Adjustment Interests under Equitable Life's EQUI-VEST Series of Flexible
Premium Annuity Contracts ("Interests") under the Securities Act of 1933. The
Interests are purchased with contributions received under individual annuity
contracts and certificates Equitable Life offers under a group annuity contract
(collectively, the "Certificates"). As described in the prospectus included in
the Registration Statement, the Certificates are designed to provide for
retirement income benefits. The Certificates have been filed with the New York
superintendent of insurance.
I have examined such corporate records of Equitable Life and provisions of
the New York insurance law as are relevant to authorization and issuance of the
Certificates and such other documents and laws as I consider appropriate. On the
basis of such examination, it is my opinion that:
1. Equitable Life is a corporation duly organized and validly existing under
the laws of State of New York.
2. The Certificates (including any Interests credited thereunder) will be duly
authorized and when issued in accordance with applicable regulatory
approvals will represent validly issued and binding obligations of
Equitable Life.
I hereby consent to the use of this opinion as an exhibit to the
Registration Statement.
Very truly yours
/s/ Jonathan E. Gaines
----------------------
Jonathan E. Gaines
23620/HFL_1
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
787 SEVENTH AVENUE, NEW YORK, NEW YORK 10019
