Eaton Vance Enhanced Equity Income Fund II board exempts control share purchases
On January 26, 2023, the Fund's Board of Trustees voted to exempt, going forward, all prior and new purchases of Fund shares that might be deemed control share acquisitions under the Fund's By-Laws. The decision followed a January 23, 2023 Massachusetts Superior Court ruling in litigation with Saba Capital Master Fund, Ltd., which held that the control share by-law violates Section 18(i) of the Investment Company Act of 1940, and the litigation is ongoing.
Key points
- Board vote dated January 26, 2023 exempts prior and new control share purchases until further notice.
- Massachusetts Superior Court ruling dated January 23, 2023 held the control share by-law violates Section 18(i) of the Investment Company Act of 1940.
- Court granted summary judgment on Saba's claim for rescission of the control share by-law; the litigation continues.
- The Fund's announcement is attached as Exhibit 99.1, which covers multiple Eaton Vance closed-end funds.
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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