Form N-6 - United States Securities And Exchange Commission (Page 25 of 29) in pdf

(g) Rates of Return. The Registrant should use gross rates of return of 0%, 6%, and one other rate not greater than 12%. Additional

gross rates of return no greater than 12% may be used. Explain that the gross rates of return used in the illustrations do not

reflect the deductions of the charges and expenses of the Portfolio Companies.

(h) Portfolio Company Charges. Portfolio Company management fees and other Portfolio Company charges and expenses should

be reflected using the arithmetic average of those charges and expenses incurred during the most recent fiscal year for all of

the available Portfolio Companies or any materially greater amount expected to be incurred during the current fiscal year. In

determining charges and expenses incurred during the most recent fiscal year or expected to be incurred during the current fiscal

year, include amounts that would have been incurred absent expense reimbursement or fee waiver arrangements.

(i) Other Charges. Values should be illustrated using both current and guaranteed maximum charges at the 0% rate of return,

the 6% rate of return, and one other rate of return no greater than 12%. Illustrated values should accurately reflect all charges

deducted under the Contract (e.g., mortality and expense risk, administrative, cost of insurance) as well as the actual timing

of the deduction of those charges (e.g., daily, monthly, annually). For example, for a Contract with a mortality and expense

risk charge that is deducted from sub-account assets at a given annual rate, the illustrated values will be lower if the charge is

deducted from assets on a daily basis rather than on a monthly or annual basis.

(j) Additional Information. Subject to the requirement set out in General Instruction C.3.(b), additional information may be shown

as part of the illustrations, provided that it is consistent with the standards of this Item 25.

PART C: OTHER INFORMATION

Item 26. Exhibits

Subject to General Instruction D regarding incorporation by reference and rule 483 under the Securities Act [17 CFR 230.483], file

the exhibits listed below as part of the registration statement. Letter or number the exhibits in the sequence indicated and file copies

rather than originals, unless otherwise required by rule 483. Reflect any exhibit incorporated by reference in the list below and identify

the previously filed document containing the incorporated material.

(a) Board of Directors Resolution. The resolution of the board of directors of the Depositor authorizing the establishment of the

Registrant.

(b) Custodian Agreements. All agreements for custody of securities and similar investments of the Registrant, including the schedule

of remuneration.

(c) Underwriting Contracts. Underwriting or distribution contracts between the Registrant or Depositor and a principal underwriter

and agreements between principal underwriters or the Depositor and dealers.

(d) Contracts. The form of each Contract, including any riders or endorsements.

(e) Applications. The form of application used with any Contract provided in response to (d) above.

(f) Depositor’s Certificate of Incorporation and By-Laws. The Depositor’s current certificate of incorporation or other instrument

of organization and by-laws and any related amendment.

(g) Reinsurance Contracts. Any contract of reinsurance related to a Contract.

(h) Participation Agreements. Any participation agreement or other contract relating to the investment by the Registrant in a Portfolio

Company.

(i) Administrative Contracts. Any contract relating to the performance of administrative services in connection with administering

a Contract.

(j) Other Material Contracts. Other material contracts not made in the ordinary course of business to be performed in whole or in

part on or after the filing date of the registration statement.

(k) Legal Opinion. An opinion and consent of counsel regarding the legality of the securities being registered, stating whether the

securities will, when sold, be legally issued and represent binding obligations of the Depositor.

Form N-6 - United States Securities And Exchange Commission Page 25