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U.S. Securities and Exchange Commission

UNITED STATES OF AMERICA
Before the
U.S. SECURITIES AND EXCHANGE COMMISSION

October 25, 2001

Release Nos. 33-8027; 34-44980; IC-25243


In the Matter of

THE AMERICAN SEPARATE ACCOUNT 5 of THE AMERICAN LIFE INSURANCE COMPANY OF NEW YORK
435 Hudson Street, 2nd Floor
New York, New York 10014
Registration No. 333-62662


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ORDER PURSUANT TO SECTION 8(a) OF THE SECURITIES ACT OF 1933, AS AMENDED, DECLARING THE REGISTRATION STATEMENT EFFECTIVE

The American Life Insurance Company of New York, on behalf of The American Separate Account 5, and Inviva Securities Corporation, the principal underwriter of the Variable Accumulation Annuity Contracts to be issued by The American Separate Account 5, have requested us to make the captioned registration statement effective pursuant to Section 8(a) of the Securities Act of 1933, as amended.1

WE ORDER the registration statement declared effective at 2:00 p.m. on October 25, 2001. This registration statement raises novel issues. We take this opportunity to advise the public that our decision to declare this registration statement effective reflects the particular facts and circumstances applicable here. In addition, we have revisited our interpretive releases on the use of electronic media for delivery purposes2 in light of the enactment of the Electronic Signatures in Global and National Commerce Act,3 which post-dated our prior interpretive releases. We are currently reviewing whether our previous pronouncements on electronic delivery should be modified.

By the Commission (Chairman Pitt and Commissioner Unger); Commissioner Hunt, dissenting.

Jonathan G. Katz
Secretary


Footnotes

1 15 U.S.C. 77h(a).
2 See Securities Act Release No. 7856 (Apr. 28, 2000) [65 FR 25843 (May 4, 2000)]; Securities Act Release No. 7288 (May 9, 1996) [61 FR 24644 (May 15, 1996)]; Securities Act Release No. 7233 (Oct. 6, 1995) [60 FR 53458 (Oct. 13, 1995)].
3 Pub. L. No. 106-229, 114 Stat. 464 (codified at 15 U.S.C. 7001-7031 (2001)).

 

http://www.sec.gov/rules/other/33-8027.htm


Modified: 10/25/2001