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AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON AUGUST 1, 1997
Registration No. 33-40911
Registration No. 811-6320
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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. 3 /X/
AND/OR
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 / /
Amendment No. 4 /X/
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ML OF NEW YORK VARIABLE ANNUITY SEPARATE ACCOUNT
of
ML LIFE INSURANCE COMPANY OF NEW YORK
(Exact Name of Registrant)
ML LIFE INSURANCE COMPANY OF NEW YORK
(Name of Depositor)
100 Church Street
11th Floor
New York, New York 10080-6511
(Address of Depositor's Principal Executive Offices)
Depositor's Telephone Number, including Area Code: (212)602-8250
BARRY G. SKOLNICK, ESQUIRE
Senior Vice President and General Counsel
ML Life Insurance Company of New York
800 Scudders Mill Road
Plainsboro, New Jersey 08536
(Name and Address of Agent for Service)
Copy to:
STEPHEN E. ROTH, ESQUIRE
Sutherland, Asbill & Brennan LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004-2404
It is proposed that this filing will become effective (check appropriate box)
/X/ immediately upon filing pursuant to paragraph (b) of Rule 485
/ / on , pursuant to paragraph (b) of Rule 485
/ / 60 days after filing pursuant to paragraph (a)(1) of Rule 485
/ / on , pursuant to paragraph (a)(1) of Rule 485
If appropriate, check the following box:
/ / this post-effective amendment designates a new effective date for a
previously filed post-effective amendment.
Pursuant to Rule 24f-2 under the Investment Company Act of 1940, an indefinite
amount of securities has been registered under the Securities Act of 1933 by
this Registration Statement. The Rule 24f-2 notice for fiscal year 1996 was
filed on February 26, 1997.
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This post-effective amendment is being filed solely to satisfy the requirements
of Section 26(e)(2)(A) under the Investment Company Act of 1940.
The contents of Registrant's previously-filed registration statement,
Post-Effective Amendment No. 2 to the Registration Statement on Form N-4 of
the ML of New York Variable Annuity Separate Account filed April 30, 1993 (File
Nos. 33-40911, 811-6320), is incorporated by reference herein in its entirety.
The following undertaking is added to Part C, Undertakings:
ML Life Insurance Company of New York hereby represents 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 ML Life Insurance Company of New York.
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SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of
1940, the Registrant, ML of New York Variable Annuity Separate Account,
certifies that it meets the requirements of Securities Act Rule 485(b) for
effectiveness of this Post-Effective Amendment No. 3 to the Registration
Statement and has caused this Registration Statement to be signed on its
behalf, in the City of Plainsboro, State of New Jersey, on the 31st day of
July, 1997.
ATTEST: ML OF NEW YORK VARIABLE ANNUITY
SEPARATE ACCOUNT
(Registrant)
/s/ Edward W. Diffin, Jr By: /s/ Barry G. Skolnick
- ------------------------------------ -----------------------------------
Edward W. Diffin, Jr. Barry G. Skolnick
Vice President and Senior Counsel Senior Vice President of
ML Life Insurance Company
of New York
ATTEST: ML LIFE INSURANCE COMPANY OF NEW YORK
(Depositor)
/s/ Edward W. Diffin, Jr. By: /s/ Barry G. Skolnick
- ------------------------------------ -----------------------------------
Edward W. Diffin, Jr. Barry G. Skolnick
Vice President and Senior Counsel Senior Vice President
As required by the Securities Act of 1933, this Post-Effective Amendment No. 3
to the Registration Statement has been signed below by the following persons in
the capacities indicated on July 31, 1997.
<TABLE>
<CAPTION>
SIGNATURE TITLE
--------- -----
<S> <C>
* Chairman of the Board, President, and
- -------------------------------- Chief Executive Officer
Anthony J. Vespa
* Director, Senior Vice President, Chief Financial
- -------------------------------- Officer, Chief Actuary, and Treasurer
Joseph E. Crowne, Jr.
* Director, Senior Vice President and Chief
- -------------------------------- Investment Officer
David M. Dunford
* Director and Senior Vice President
- --------------------------------
Gail R. Farkas
* Director, Vice President and Senior Counsel
- --------------------------------
Michael P. Cogswell
* Director
- --------------------------------
Frederick J.C. Butler
</TABLE>
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<TABLE>
<CAPTION>
SIGNATURE TITLE
--------- -----
<S> <C>
* Director
- ---------------------------------------------
Robert L. Israeloff
* Director
- ---------------------------------------------
Allen N. Jones
* Director
- ---------------------------------------------
Cynthia L. Kahn
* Director
- ---------------------------------------------
Robert A. King
* Director
- ---------------------------------------------
Irving M. Pollack
* Director
- ---------------------------------------------
William A. Wilde, III
By: /s/ Barry G. Skolnick In his own capacity as Director, Senior Vice President,
----------------------------------------- General Counsel, and Secretary and as Attorney-In-Fact
Barry G. Skolnick
</TABLE>
