Filed with the Securities and Exchange Commission on August 27, 2025.

 

 
 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM N-4

 

 

(File No. 333-283589)

REGISTRATION STATEMENT

UNDER

THE SECURITIES ACT OF 1933

  
Post-Effective Amendment No. 2   

 

 

(Files Nos. 333-254385; 811-07659)

Post-Effective Amendment No. 8   
AND/OR   

REGISTRATION STATEMENT

UNDER

THE INVESTMENT COMPANY ACT OF 1940

  
Amendment No. 530   

(Check appropriate box or boxes)

 

 

SEPARATE ACCOUNT NO. 49

(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)

Insurance Company’s Telephone Number, including Area Code: (212) 554-1234

 

 

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       pursuant to paragraph (b)

 

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

 

On September 16, 2025 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)

 

 
 


This Post-Effective Amendment No. 2 (“PEA”) to the Form N-4 Registration Statement (File No. 333-283589) and Post-Effective Amendment No. 8 to Form N-4 Registration Statement (File No. 333-254385) (“Registration Statement”) of Equitable Financial Life Insurance Company (“Equitable Financial”) and its Separate Account No. 49 is being filed for the purpose of including in the Registration Statement the additions/modifications reflected in the Supplement and Part C. This Post-Effective Amendment No. 2 for Registration Statement (File No. 333-283589) and Post-Effective Amendment No. 8 for Registration Statement (File No. 333-254385) incorporates by reference the information contained in Parts A and B of Post-Effective Amendment No. 1 (File No.  333-283589) and Post-Effective Amendment No. 7 (File No.  333-254385), filed on April 23, 2025.


Equitable Financial Life Insurance Company of America

Equitable Financial Life Insurance Company

 

Supplement dated September , 2025 to the Structured Capital Strategies PLUS® 21 prospectus dated May 1, 2025

 

 

 

This Supplement modifies certain information in the above-referenced prospectus (the “Prospectus”). You should read this Supplement in conjunction with your Prospectus and retain it for future reference. This Supplement incorporates the Prospectus by reference. Unless otherwise indicated, all other information included in your Prospectus remains unchanged. The terms we use in this Supplement have the same meaning as in your Prospectus. We will send you another copy of any prospectus or supplement without charge upon request. Please contact the customer service center at 877-899-3743.

 

The following hereby replaces the corresponding section in “Purchasing the contract — Your right to cancel within a certain number of days”:

 

Generally, your refund will equal your contributions under the contract. However, some states require we refund your account value under the contract on the day we receive written notification of your decision to cancel the contract and will reflect any investment gain or loss in the investment options (less the daily charges we deduct) through the date we receive your contract. This includes the Segment Interim Value for amounts allocated to existing Segments. The Segment Interim Value calculation may reduce the amount of account value paid upon contract cancellation. For more information, see “Adjustments with respect to early distributions from Segments” in “Charges, Expenses, and Adjustments” in this prospectus. In addition, in some states, the amount of your refund (either the full amount of your contributions or the account value), and the length of your “free look” period, depend on whether you purchased the contract as a replacement. Please refer to your contract or supplemental materials or contact us for more information. For any IRA contract returned to us within seven days after you receive it, we are required to refund the full amount of your contribution. When required by applicable law to return the full amount of your contribution, we will return the greater of your contribution or your contract’s cash value.

 

The following hereby replaces the corresponding section in “Charges, Expenses, and Adjustments — Charges under the contracts — Withdrawal charge (Series B contracts only) — Disability, terminal illness, or confinement to nursing home”:

 

  (i)

An owner (or older joint owner, if applicable) has qualified to receive Social Security disability benefits as certified by the Social Security Administration (this waiver only applies for contracts issued in California, New York, Oregon, and South Carolina, as well as all contracts issued using an application signed before September 22, 2025); or

 

 
  #56550


PART C

OTHER INFORMATION

 

  ITEM 27. 

EXHIBITS

 

  (a)

Board of Directors Resolution.

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 on Form N-4 (File No. 333-05593) filed on June 7, 1996.

 

  (b)

Custodial Agreements. Not Applicable.

 

  (c)

Underwriting Contracts.

 

  (1)

Distribution Agreement, dated as of January 1, 1998 by and between The Equitable Life Assurance Society of the United States for itself and as depositor on behalf of the Equitable Life separate accounts and Equitable Distributors, Inc., incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-64749) filed on August 5, 2011.

 

  (a)

First Amendment dated as of January 1, 2001 to the Distribution Agreement dated as of January 1, 1998 between The Equitable Life Assurance Society of the United States for itself and as depositor on behalf of the Equitable Life separate accounts and Equitable Distributors, Inc., incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-127445) filed on August 11, 2005.

 

  (b)

Second Amendment dated as of January 1, 2012 to the Distribution Agreement dated as of January 1, 1998 between AXA Equitable Life Insurance Company and AXA Distributors LLC incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-05593) filed on April 24, 2012.

 

  (c)

Third Amendment dated as of November 1, 2014 to the Distribution Agreement dated as of January 1, 1998 between AXA Equitable Life Insurance Company and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 19, 2016.

 

  (d)

Fourth Amendment dated as of August 1, 2015 to the Distribution Agreement dated as of January 1, 1998 between AXA Equitable Life Insurance Company and AXA Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 16, 2019.

 

  (e)

Amended and Restated Distribution Agreement dated November 1, 2023, by and between Equitable Financial Life Insurance Company and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

  (2)

Distribution and Servicing Agreement dated as of May 1, 1994, among Equico Securities (now AXA Advisors, LLC), The Equitable Life Assurance Society of the United States, and Equitable Variable Life Insurance Company, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070), refiled electronically July 10, 1998.

 

  (a)

Letter of Agreement dated April 20, 1998 for Distribution Agreement, among The Equitable Life Assurance Society of the United States and EQ Financial Consultants, Inc. (now AXA Advisors, LLC), incorporated herein by reference to Registration Statement on Form N-4 (File No. 33-83750), filed on May 1, 1998.

 

  (3)

Distribution 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 on Form N-4 (File No. 333-05593), filed on April 25, 2001.

 

  (4)

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 on Form N-4 (File No. 333-05593), filed on April 25, 2001.

 

  (5)

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. 2-30070) filed on April 19, 2004.

 

  (a)

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.

 

  (b)

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.

 

  (c)

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)

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.

 

  (e)

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.

 

  (f)

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.

 

  (g)

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) filed on April 20, 2009.

 

  (h)

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) filed on April 20, 2009.

 

  (i)

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.

 

  (j)

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 the Registration Statement on Form N-4 (File No. 333-178750), filed on October 16, 2014.

 

  (k)

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 the Registration Statement on Form N-4 (File No. 333-178750), filed on October 16, 2014.

 

  (l)

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 the Registration Statement on Form N-4 (File No. 333-178750), filed on October 16, 2014.

 

  (m)

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 Registration Statement on Form N-4 (File No. 333-202147) filed on September 9, 2015.

 

  (n)

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 Registration Statement on Form N-4 (File No. 2-30070), filed on April 19, 2016.

 

  (o)

Sixteenth Amendment dated May 1, 2016 to the 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, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 18, 2017.

 

  (p)

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.

 

  (q)

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.

 

  (r)

Nineteenth Amendment to General Agent Sales Agreement dated January 1, 2020, by and between AXA Equitable Life Insurance Company, formerly known as The Equitable Life Assurance Society of the United States, and AXA Network, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 2-30070) filed on April 20, 2021.

 

  (s)

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. 2-30070) filed April 20, 2022.

 

  (t)

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. 2-30070) filed April 20, 2022.

 

  (u)

Twenty Second Amendment to General Agent Sales Agreement dated November 13, 2023, by and between Equitable Financial Life Insurance Company and Equitable Network, LLC, incorporated herein by reference to Registration Statement (File No. 333-254385) filed on April 22, 2024.

 

  (v)

Twenty Third 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. 333-254385) filed April 23, 2025.

 

  (6)

Broker-Dealer and General Agent Sales Agreement between Equitable Distributors, LLC and Broker-Dealer and General Agent, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-265027), filed on January 30, 2024.

 

  (7)

Wholesale Broker-Dealer Supervisory and Sale Agreement between the Broker-Dealer and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-265027), filed on January 30, 2024.

 

  (8)

Broker General Agent Agreement between Broker General Agent and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-265027), filed on January 30, 2024.

 

  (a)

Amendment to Brokerage General Agent Sales Agreement between Brokerage General Agency and Equitable Distributors, LLC, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-265027), filed on January 30, 2024.

 

  (9)

Amended and Restated Agreement for Cooperative and Joint Use of Personnel, Property and Services between Equitable Financial Life Insurance Company and Equitable Distributors, LLC, dated November 1, 2023, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

C-2


  (d)

Contracts. (Including Riders and Endorsements)

 

  (1)

Form of Contract, 2021SCSBASE-A, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (2)

Form of Contract, 2021SCSBASE-B, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (3)

Form of Data Page, 2021DPB-SCS, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (4)

Form of Data Page, 2021DPC-SCS, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (5)

Form of Data Page, 2021DPADV-SCS, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (6)

Form of Data Page, 2021TGAP1-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (7)

Form of Data Page, 2021TGAP2-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (8)

Form of Data Page, 2021TGAP3-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (9)

Form of Rider, 2021SCS-AL, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (10)

Form of Rider, 2021SCS-DD, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (11)

Form of Rider, 2021SCS-EU, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (12)

Form of Rider, 2021SCS-ROPDB, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (13)

Form of Rider, 2021SCS-ST, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (14)

Form of Rider, 2021SCS-SU, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (15)

Form of Endorsement, 2021CCOBR-SCS, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (16)

Form of Endorsement, 2021INHIRA-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (17)

Form of Endorsement, 2021INHNQ-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (18)

Form of Endorsement, 2021INHROTH-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (19)

Form of Endorsement, 2021IRA-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (20)

Form of Endorsement, 2021NQROPDB-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (21)

Form of Endorsement, 2021QPDB-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (22)

Form of Endorsement, 2021QPDC-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (23)

Form of Endorsement, 2021ROTH-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (24)

Form of Endorsement, 2021SEP-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (25)

Form of Endorsement, 2021NQ-IR, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (26)

Form of Rider, 2022SCS-DSU, incorporated herein by reference to Registration Statement on Form S-3 (File No. 333-262807) filed on December 13, 2022.

 

 

  (27)

Form of Rider, 2022SCS-LL, incorporated herein by reference to Registration Statement on Form S-3 (File No. 333-262807) filed on December 13, 2022.

 

  (28)

Form of Annual Lock Segment Option Rider 2023-AL, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

  (29)

Form of Endorsement Applicable to the Segment Interim Value 2023-SIV, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

  (30)

Form of Endorsement Applicable to the Advisory Fee Payment(s) 2023-AFP, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

  (31)

Form of Contract, ICC25SCSBASE1, filed herewith.

 

  (32)

Form of Contract, ICC25SCSBASE 2, filed herewith.

 

 

C-3


  (e)

Applications.

 

  (1)

Form of Application, 2021 SCS App 01 PL, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (2)

Form of Application, 2021 SCS App 02 PL, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (3)

Form of Application, 2021 SCS App 01 PL ADV, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (4)

Form of Application, 2021 SCS App 02 PL ADV, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (5)

Form of Application, 2021 SCS App 01 PL SEL, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (6)

Form of Application, 2021 SCS App 02 PL SEL, incorporated herein by reference to Registration Statement on Form N-4 (333-254385) filed on June 10, 2021.

 

  (7)

Form of Application, ICC25 App SCSPL21, filed herewith.

 

  (f)

Insurance Company’s Certificate of Incorporation And By-Laws.

 

  (1)

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.

 

  (2)

By-Laws of Equitable Financial Life Insurance Company, as amended 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.

 

  (1)

Assumption Reinsurance Agreement between Equitable Financial Life Insurance Company and Equitable Financial Life Insurance Company of America, executed January 1, 2024, incorporated herein by reference to Registration Statement on Form N-4 (File No. 333-254385) filed on April 22, 2024.

 

  (h)

Participation Agreements.

 

  (1)

Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable Life Insurance Company (“AXA Equitable”), AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217), filed on February 7, 2003.

 

  (a)

Amendment No. 1, dated May 2, 2003, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 10, 2004.

 

  (b)

Amendment No. 2, dated July 9, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on October 15, 2004.

 

  (c)

Amendment No. 3, dated October 1, 2004, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on October 15, 2004.

 

  (d)

Amendment No. 4, dated May 1, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 7, 2005.

 

  (e)

Amendment No. 5, dated September 30, 2005, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 5, 2006.

 

  (f)

Amendment No. 6, dated August 1, 2006, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 2, 2007.

 

  (g)

Amendment No. 7, dated May 1, 2007, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 27, 2007.

 

  (h)

Amendment No. 8, dated January 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on December 27, 2007.

 

C-4


  (i)

Amendment No. 9, dated May 1, 2008, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 13, 2009.

 

  (j)

Amendment No. 10, dated January 15, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on March 16, 2009.

 

  (k)

Amendment No. 11, dated May 1, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on April 15, 2009.

 

  (l)

Amendment No. 12, dated September 29, 2009, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on January 21, 2010.

 

  (m)

Amendment No. 13, dated August 16, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 3, 2011.

 

  (n)

Amendment No. 14, dated December 15, 2010, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 3, 2011.

 

  (o)

Amendment No. 15, dated June 7, 2011 , to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable, AXA Distributors and AXA Advisors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on August 17, 2011.

 

  (p)

Amendment No. 16, dated April 30, 2012, to the Amended and Restated Participation Agreement among EQ Advisors Trust, AXA Equitable and AXA Distributors dated July 15, 2002 incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on February 7, 2013.

 

  (2)

Second Amended and Restated Participation Agreement among the Trust, AXA Equitable, FMG 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 22, 2013.

 

  (a)

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 dated May 23, 2012, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on October 1, 2013.

 

  (b)

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 dated May 23, 2012, incorporated herein by reference to Registration Statement on Form N-1A (File No. 333-17217) filed on October 1, 2013.

 

  (c)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on April 30, 2014.

 

  (d)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on April 30, 2014.

 

  (e)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on February 5, 2015.

 

  (f)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on April 17, 2015.

 

  (g)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on February 11, 2016.

 

  (h)

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 Registration Statement on Form N-1A (File No. 333-17217) filed on January 31, 2017.

 

  (i)

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 Registration Statement on Form N-1A (File No. 333-17217), filed on April 28, 2017.

 

  (j)

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 Registration Statement on Form N-1A (File No. 333-17217), filed on October 27, 2017.

 

  (k) 

Amendment No. 11 dated as of July 12, 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 July 31, 2018.

 

  (l) 

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.

 

  (m)

 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 Advisor 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,. 333-17217) filed on January 19, 2021.

 

  (n)

 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 Advisor 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,. 333-17217) filed on January 19, 2021.

 

  (o)

 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.

 

  (p)

 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.

 

  (q)

 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.

 

  (r)

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.

 

  (s)

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.

 

  (t)

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.

 

  (u)

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.

 

  (v)

Amendment No. 22 dated November 12, 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 April 26, 2024.

 

  (i)

Administrative Contracts. Not applicable.

 

  (j)

Other Material Contracts. Not applicable.

 

  (k)

Legal Opinion.

Opinion and Consent of Counsel, filed herewith.

 

  (l)

Other Opinions.

 

  (1)

Consent of Independent Registered Public Accounting Firm, to be filed by amendment.

 

  (m)

Omitted Financial Statements. Not applicable.

 

  (n)

Initial Capital Agreements. Not applicable.

 

  (o)

Form of Initial Summary Prospectus, incorporated herein by reference to registration statement on form N-4 (File No. 333-254385) filed on April 23, 2025.

 

  (p)

Power of Attorney, Filed herewith.

 

  (q)

Letter Regarding Change in Certifying Accountant. Not Applicable.

 

  (r)

Historical Current Limits on Index Gains for SCS PLUS 21 B Shares, SCS PLUS 21 Select (C Shares), SCS PLUS ADV Shares, incorporated herein by reference to registration statement on form N-4 (File No. 333-254385) filed on April 23, 2025.

 

C-5


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

 

C-6


*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
*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

 

C-7


*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

 

C-8


ITEM 29. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE INSURANCE COMPANY OR REGISTERED SEPARATE ACCOUNT.

Separate Account No. 49 (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 is filed herewith.

 

C-9


ITEM 30.

INDEMNIFICATION

 

  (a)

Indemnification of Directors and Officers

The by-laws of Equitable Financial Life Insurance Company (the “Company”) 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 testator 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 testator 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, 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, LLC 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, LLC 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 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 against such liabilities (other than the payment by the registrant of expenses 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.

 

C-10


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 No. 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:

 

(i)

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 and Principal Operations Officer
*Sean Donovan    Assistant Vice President
*Alan Gradzki    Assistant Vice President
*Janie Smith    Assistant Vice President
*James Mellin    Chief Sales Officer

 

C-11


*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

 

(ii)

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

 

C-12


*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

 

C-13


*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

  

 

(c)

 

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
redeemed
during the
prior

calendar
year
     Combination
Contract
(Yes/No)
 

Structured Capital Strategies PLUS® 21

     78,884        17,339,024,311        12,692        3,746,362,260        751,682,016        Yes  

 

(b)

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

 

ITEM 32.

LOCATION OF ACCOUNTS AND RECORDS

The 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

 

(a)

The Insurance Company represents that, with respect to the Variable Options, 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)

The Insurance Company undertakes to file, with respect to Index-Linked Options, 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 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.

 

C-14


SIGNATURES

Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant has duly caused this registration statement to be signed on its behalf by the undersigned, duly authorized, in the City of New York, and State of New York on this 27th day of August, 2025.

 

SEPARATE ACCOUNT NO. 49
    (Registered Separate Account)

Equitable Financial Life Insurance Company

    (Insurance Company)

By:

  /s/ Alfred Ayensu-Ghartey
 

Alfred Ayensu-Ghartey

Vice President and Associate General Counsel


SIGNATURES

Pursuant to the requirements of 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:          

Douglas A. Dachille

Francis Hondal

Arlene Isaacs-Lowe

Daniel G. Kaye

    

Joan Lamm-Tennant

Craig MacKay

Mark Pearson

    

Bertram Scott

George Stansfield

Charles G.T. Stonehill

 

*By:  

/s/ Alfred Ayensu-Ghartey

 

Alfred Ayensu-Ghartey

 

Attorney-in-Fact

August 27, 2025

ATTACHMENTS / EXHIBITS

ATTACHMENTS / EXHIBITS

FORM OF CONTRACT, ICC25SCSBASE1

FORM OF CONTRACT, ICC25SCSBASE 2

FORM OF APPLICATION, ICC25 APP SCSPL21

OPINION AND CONSENT OF COUNSEL

POWER OF ATTORNEY

EX-99.(29)