Sun Life Insurance and Annuity Company of New York, et al._īased on the facts and representations in your letter dated December 20, 2002, and without necessarily agreeing with your legal analysis, we would not recommend enforcement action to the Commission against Sun Life Insurance and Annuity Company of New York ("SLNY") or Keyport Benefit Life Insurance Company ("KBL") under Section 5 of the Securities Act of 1933 (the "1933 Act") and Rule 145 thereunder, or Sections 8 and 11 of the Investment Company Act of 1940 (the "1940 Act"), if KBL transfers its separate accounts ("KBL Accounts") to SLNY in connection with the proposed merger of SLNY and KBL (the "Merger"). Response of the Office of Insurance Products Securities Act of 1933 - Section 5 and Rule 145 Sun Life Insurance and Annuity Company of New York, et al. Investment Company Act of 1940 - Section 8 and 11 Sun Life Insurance and Annuity Company of New York, et al.: No-Action Letter dated December 20, 2002
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