Eaton Vance Enhanced Equity Income Fund exempts control share purchases from by-law
On January 26, 2023, the Fund's Board of Trustees voted to exempt all prior and new purchases of Fund shares that might be deemed Control Share Acquisitions from the Fund's Control Share By-Law until further notice. The decision followed a January 23, 2023 Massachusetts Superior Court ruling that found the by-law violates Section 18(i) of the Investment Company Act of 1940, while the broader litigation with Saba Capital Master Fund continues.
Key points
- Board vote on January 26, 2023 exempts prior and new Control Share Acquisitions from Article XIII of the By-Laws, per the 8-K and Exhibit 99.1.
- On January 23, 2023, the Massachusetts Superior Court held that the Control Share By-Law violates Section 18(i) of the Investment Company Act of 1940.
- The court granted summary judgment on Saba's claim for rescission of the by-law, and the litigation is ongoing with appeal decisions deferred.
- The Board says it will continue to monitor legal developments and may take additional actions in the future.
The filing
Written by AI on Nov 9, 2026, 8:36 AM ET, from this filing only. Written later: this filing was briefed after the fact, when past filings were added to the site, so the brief may be read with hindsight; the filing itself is the record of what was known on February 01, 2023.
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