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REGISTRATION NOS. 33-20453
811-5166
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM N-4
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933
PRE-EFFECTIVE AMENDMENT NO.
POST-EFFECTIVE AMENDMENT NO. 20 [X]
REGISTRATION STATEMENT
UNDER THE
INVESTMENT COMPANY ACT OF 1940 [X]
AMENDMENT NO. 20
(CHECK APPROPRIATE BOX OR BOXES.)
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MONY AMERICA VARIABLE ACCOUNT A
(EXACT NAME OF REGISTRANT)
MONY LIFE INSURANCE COMPANY
OF AMERICA
(NAME OF DEPOSITOR)
1740 BROADWAY
NEW YORK, NEW YORK 10019
(ADDRESS OF DEPOSITOR'S PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE)
DEPOSITOR'S TELEPHONE NUMBER, INCLUDING AREA CODE (212) 708-2000
EDWARD P. BANK
VICE PRESIDENT AND DEPUTY GENERAL COUNSEL
THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK
1740 BROADWAY
NEW YORK, NEW YORK 10019
(NAME AND ADDRESS OF AGENT FOR SERVICE)
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APPROXIMATE DATE OF PROPOSED PUBLIC OFFERING: It is proposed that this
filing will become effective on May 1, 1997 pursuant to paragraph (b) of Rule
485.
The Registrant has registered an indefinite amount of securities pursuant
to Rule 24f-2 under the Investment Company Act of 1940. The Rule 24f-2 Notice
was filed on February 28, 1997.
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CROSS REFERENCE SHEET
(REQUIRED BY RULE 495)
PART A
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ITEM NO. LOCATION
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<C> <S> <C>
1. Cover Page...................................... Cover Page
2. Definitions..................................... Definitions
3. Synopsis........................................ Synopsis
4. Condensed Financial Information................. Condensed Financial Information
5. General Description of Registrant, Depositor,
and Portfolio Companies......................... MONY Life Insurance Company of
America; MONY America Variable
Account A: The Funds Charges and
Deductions
6. Deductions and Expenses......................... Charges and Deductions
7. General Description of Variable Annuity
Contracts....................................... Payment and Allocation of Premiums;
Other Provisions
8. Annuity Period.................................. Annuity Provisions
9. Death Benefit................................... Death Benefit; Annuity Provisions
10. Purchases and Contract Value.................... Payment and Allocation of Premiums
11. Redemptions..................................... Surrenders
12. Taxes........................................... Federal Tax Status
13. Legal Proceedings............................... Legal Proceedings
14. Table of Contents of Statement of Additional
Information..................................... Table of Contents of Statement of
Additional Information
PART B
15. Cover Page...................................... Cover Page
16. Table of Contents............................... Table of Contents
17. General Information and History................. MONY Life Insurance Company of
America
18. Services........................................ Not Applicable
19. Purchases of Securities Being Offered........... Not Applicable
20. Underwriters.................................... Prospectus -- MONY Life Insurance
Company of America
21. Calculation of Performance Data................. Performance Data
22. Annuity Payments................................ Not Applicable
23. Financial Statements............................ Financial Statements
PART C
Information related to the following Items is set forth under the appropriate Item, so
numbered, in
Part C to this Registration Statement.
24. Financial Statements and Exhibits
25. Directors and Officers of the Depositor
26. Persons Controlled by or Under Common Control with the Depositor or Registrant
27. Number of Contractowners
28. Indemnification
29. Principal Underwriters
30. Location of Accounts and Records
31. Management Services
32. Undertakings
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The Prospectus and Statement of Additional Information, included in
Post-Effective Amendment No. 20 to Registration Statement on Form N-4
(Registration No. 33-20453), is incorporated herein by reference.
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PART C
OTHER INFORMATION
ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS
(a) The following Financial Statements are included in this Registration
Statement:
(1) With respect to MONY America Variable Account A:
(a) Report of Independent Accountants;
(b) Statements of assets and liabilities as of December 31, 1996;
(c) Statements of operations for the year ended December 31, 1996;
(d) Statements of changes in net assets for the years ended
December 31, 1996 and 1995.
(2) With respect to MONY Life Insurance Company of America:
(a) Report of Independent Accountants.
(b) Balance sheets as of December 31, 1996 and 1995.
(c) Statements of operations for the years ended December 31, 1996
and 1995.
(d) Statements of capital and surplus for the years ended December
31, 1996 and 1995.
(e) Statements of cash flows for the years ended December 31, 1996
and 1995.
(b) EXHIBITS
(1) Resolutions of Board of Directors of MONY Life Insurance Company
of America ("Company") authorizing the establishment of MONY America
Variable Account A ("Variable Account"), adopted March 27, 1987, filed as
Exhibit 1 of Registration Statement Nos. 33-14362 and 811-5166, dated May
18, 1987, is incorporated herein by reference.
(2) Not applicable.
(3)(a) Distribution Agreement among MONY Life Insurance Company of
America, MONY Securities Corp., and MONY Series Fund, Inc., filed as
Exhibit 3(a) of Post-Effective Amendment No. 3, dated February 28, 1991, to
Registration Statement No. 33-20453, is incorporated herein by reference.
(b) Specimen Agreement with Registered Representatives, filed as
Exhibit 3(b) of Pre-Effective Amendment No. 1, dated December 17, 1990, to
Registration Statement Nos. 33-37722 and 811-6216, is incorporated herein
by reference.
(c) Specimen Agreement (Career Contract) between the Company and
selling agents (with Commission Schedule), filed as Exhibit 3(c) of
Pre-Effective Amendment No. 1, dated October 26, 1987, to Registration
Statement Nos. 33-14362 and 811-5166, is incorporated herein by reference.
(4) Proposed forms of Flexible Payment Variable Annuity Contracts,
filed as Exhibit 4 of Registration Statement No. 33-20453, is incorporated
herein by reference.
(5) Proposed form of Application for Flexible Payment Variable Annuity
Contract, filed as Exhibit 4 of Registration Statement No. 33-20453, is
incorporated herein by reference.
(6) Articles of Incorporation and By-Laws of the Company, filed as
Exhibits 6(a) and 6(b), respectively, of Registration Statement No.
33-13183, dated April 6, 1987, is incorporated herein by reference.
(7) Not applicable.
(8) Not applicable.
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(9) Opinion and Consent of Willard G. Eldred, Esq., as to the legality
of the securities being registered, filed as Exhibit 9 of Pre-Effective
Amendment No. 1, dated July 13, 1988, to Registration Statement No.
33-20453, is incorporated herein by reference.
(10) Consent of Coopers & Lybrand L.L.P., Independent Accountants for
MONY America Variable Account A and MONY Life Insurance Company of America,
filed as Exhibit 10 to Post-Effective Amendment No. 19 to Registration
Statement (Registration Nos. 33-20453 and 811-5166), is incorporated herein
by reference.
(11) Not applicable.
(12) Not applicable.
(13) Calculation of Performance Data, filed as Exhibit 13 to
Post-Effective Amendment No. 19 to Registration Statement (Registration
Nos. 33-20453 and 811-5166), is incorporated herein by reference.
ITEM 25. DIRECTORS AND OFFICERS OF THE DEPOSITOR
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NAME POSITION AND OFFICES WITH DEPOSITOR
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<S> <C>
Michael I. Roth.............................. Director, Chairman and Chief Executive
Officer
Samuel J. Foti............................... Director, President and Chief Operating
Officer
Richard E. Connors........................... Director
Sam Chiodo................................... Vice President
Larry Cohen.................................. Assistant Treasurer
Richard Daddario............................. Director, Vice President, and Controller
Philip Eisenberg............................. Vice President and Actuary
Margaret G. Gale............................. Director and Vice President
William D. Goodwin........................... Vice President
Stephen J. Hall.............................. Director
Edward E. Hill............................... Vice President-Compliance Officer
Kenneth M. Levine............................ Director and Executive Vice President
Evelyn L. Peos............................... Vice President
Michael Slipowitz............................ Vice President
David S. Waldman............................. Secretary
David V. Weigel.............................. Treasurer
Charles P. Wyckoff........................... Director
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The business address for all officers and directors of MONY America is 1740
Broadway, New York, New York 10019.
ITEM 26. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE DEPOSITOR OR
REGISTRANT
No person is directly or indirectly controlled by the Registrant. The
Registrant is a separate account of MONY Life Insurance Company of America, a
wholly-owned subsidiary of The Mutual Life Insurance Company of New York
("MONY").
The following is a diagram showing all corporations directly or indirectly
controlled by or under common control with MONY Life Insurance Company of
America, showing the state or other sovereign power under the laws of which each
is organized and the percentage ownership of voting securities giving rise to
the control relationship. (See diagram on following page.) Omitted from the
diagram are subsidiaries of MONY that, considered in the aggregate, would not
constitute a "significant subsidiary" (as that term is defined in Rule 8b-2
under Section 8 of the Investment Company Act of 1940) of MONY.
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ANNUAL STATEMENT FOR THE YEAR 1996
OF THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK
SCHEDULE Y
INFORMATION CONCERNING ACTIVITIES OF INSURER MEMBERS
OF THE HOLDING COMPANY GROUP
Organizational chart showing information concerning activities of insurer
members of the holding company group.
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ITEM 27. NUMBER OF CONTRACT OWNERS:
As of December 31, 1996 MONY America Variable Account A had 81,804 owners
of Contracts.
ITEM 28. INDEMNIFICATION
The By-Laws of MONY Life Insurance Company of America provide, in Article
VI as follows:
SECTION 1. The Corporation shall indemnify any existing or former
director, officer, employee or agent of the Corporation against all expenses
incurred by them and each of them which may arise or be incurred, rendered or
levied in any legal action brought or threatened against any of them for or on
account of any action or omission alleged to have been committed while acting
within the scope of employment as director, officer, employee or agent of the
Corporation, whether or not any action is or has been filed against them and
whether or not any settlement or compromise is approved by a court, all subject
and pursuant to the provisions of the Articles of Incorporation of this
Corporation.
SECTION 2. The indemnification provided in this By-Law shall not be deemed
exclusive of any other rights to which those seeking indemnification may be
entitled under By-Law, agreement, vote of stockholders or disinterested
directors or otherwise, both as to action in his official capacity and as to
action in another capacity while holding office, and shall continue as to a
person who has ceased to be a director, officer, employee or agent and shall
inure to the benefit of the heirs, executors and administrators of such a
person.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to directors, officers and controlling persons of the
Registrant pursuant to the foregoing provisions, or otherwise, the Registrant
has been advised that in the opinion of the Securities and Exchange Commission
such indemnification is against public policy as expressed in the Act and is,
therefore, unenforceable. In the event that a claim for indemnification for such
liabilities (other than the payment by the Registrant of expense incurred or
paid by a director, officer, or controlling person of the Registrant in the
successful defense of any action, suit or proceeding) is asserted by such
director, officer or controlling person in connection with the securities being
registered, the Registrant, will (unless in the opinion of its counsel the
matter has been settled by controlling precedent) submit to a court of
appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
ITEM 29. PRINCIPAL UNDERWRITERS
(a) MONY Securities Corp. ("MSC") is the principal underwriter of the
Registrant and the Fund. The Mutual Life Insurance Company of New York ("MONY")
also acts as sub-investment adviser to the Fund through a services agreement.
(b) The names, titles, and principal business addresses of the officers of
MONY and MSC are listed on Schedules A and D of the respective Forms ADV for
MONY (Registration No. 801-13564), as filed with the Commission on December 20,
1977 and as amended, and on Schedule A of Form BD for MSC (Registration No.
8-15289) as filed with the Commission on November 23, 1969 and as amended and on
the individual officer's Form U-4, the texts of which are hereby incorporated by
reference.
(c) The following table sets forth commissions and other compensation
received by each principal underwriter, directly or indirectly, from MONY
America Variable Account A during fiscal year 1996 and 1995:
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<CAPTION>
NET
UNDERWRITING
DISCOUNTS AND COMPENSATION BROKERAGE OTHER
NAME OF COMMISSIONS ON REDEMPTION COMMISSIONS COMPENSATION
PRINCIPAL ------------- ------------- ------------- -------------
UNDERWRITER 1996 1995 1996 1995 1996 1995 1996 1995
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<S> <C> <C> <C> <C> <C> <C> <C> <C>
MONY Securities Corp................ 0 0 0 0 0 0 0 0
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ITEM 30. LOCATION OF ACCOUNTS AND RECORDS
Accounts, books, and other documents required to be maintained by Section
31(a) of the Investment Company Act of 1940 and the Rules promulgated thereunder
are maintained by MONY Life Insurance Company of America, in whole or in part,
at its principal offices at 1740 Broadway, New York, New York 10019, at its
Operations Center at 1 MONY Plaza, Syracuse, New York 13202 or at its Marketing
Center at 1740 Broadway, New York, New York 10019.
ITEM 31. MANAGEMENT SERVICES
Not applicable.
ITEM 32. UNDERTAKINGS
(a) Registrant hereby undertakes to file post-effective amendments to the
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 so long as payments under the variable annuity contracts may be
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
this Form promptly upon written or oral request.
REPRESENTATIONS RELATING TO SECTION 26 OF THE INVESTMENT COMPANY ACT OF 1940
Registrant and MONY Life Insurance Company of America represent that the
fees and charges deducted under the contract, in the aggregate, are reasonable
in relation to the services rendered, the expenses expected to be incurred, and
the risks assumed by MONY Life Insurance Company of America.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the
Investment Company Act of 1940, the Registrant, MONY America Variable Account A,
has duly caused this Post-Effective Amendment No. 20 to this Registration
Statement to be signed on its behalf by the undersigned thereunto duly
authorized, in the City of New York and the State of New York, on this the 20th
day of April, 1997, and Registrant hereby certifies that the requirements of
Rule 485(b) have been met.
MONY America Variable Account A
(Registrant)
MONY Life Insurance Company of America
(Depositor)
By: /s/ MICHAEL I. ROTH
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Michael I. Roth, Director
Chairman and Chief Executive
Officer
Pursuant to the requirements of the Securities Act of 1933, this
Post-Effective Amendment No. 20 to this Registration Statement has been signed
below by the following persons in the capacities and on the date indicated.
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SIGNATURE DATE
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/s/ MICHAEL I. ROTH April 30, 1997
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Michael I. Roth
Director, Chairman of the Board, and Chief
Executive Officer
/s/ SAMUEL J. FOTI April 30, 1997
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Samuel J. Foti
Director, President, and Chief
Operating Officer
/s/ RICHARD DADDARIO April 30, 1997
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Richard Daddario
Director, Vice President, and Controller
(Principal, Financial, and Accounting Officer)
/s/ KENNETH M. LEVINE April 30, 1997
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Kenneth M. Levine
Director and Executive Vice President
/s/ MARGARET G. GALE April 30, 1997
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Margaret G. Gale
Director and Vice President
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<TABLE>
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SIGNATURE DATE
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<C> <S> <C>
/s/ RICHARD E. CONNORS April 30, 1997
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Richard E. Connors
Director
/s/ STEPHEN J. HALL April 30, 1997
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Stephen J. Hall
Director
/s/ CHARLES D. WYCKOFF April 30, 1997
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Charles D. Wyckoff
Director
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