[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Notices]
[Pages 65713-65714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30860]
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SECURITIES AND EXCHANGE COMMISSION
[Rel. No. IC-21596; 811-4607]
Eaton Vance High Income Trust; Notice of Application
December 13, 1995.
AGENCY: Securities and Exchange Commission (``SEC'').
ACTION: Notice of Application for Deregistration under the Investment
Company Act of 1940 (the ``Act'').
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APPLICANT: Easton Vance Income Trust.
RELEVANT ACT SECTION: Section 8(f).
SUMMARY OF APPLICATION: Applicant requests an order declaring that it
has ceased to be an investment company.
[[Page 65714]]
FILING DATE: The application was filed on November 16, 1995 and amended
on November 24, 1995.
HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing by writing to the SEC's Secretary and serving
applicant with a copy of the request, personally or by mail. Hearing
requests should be received by the SEC by 5:30 p.m. on January 8, 1996,
and should be accompanied by proof of service on applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons may request
notification of a hearing by writing to the SEC's Secretary.
ADDRESSES: Secretary, SEC, 450 5th Street, NW., Washington, DC 20549.
Applicant, 24 Federal Street, Boston, Massachusetts 02110.
FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Staff Attorney, at
(202) 942-0574, or Alison E. Baur, Branch Chief, at (202) 942-0564
(Division of Investment Management, Office of Investment Company
Regulation).
SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
SEC's Public Reference Branch.
Applicant's Representations
1. Applicant is an open-end management investment company organized
as a Massachusetts business trust. On February 28, 1986, applicant
registered under the Act as an investment company. On March 5, 1986,
applicant filed a registration statement under the Securities Act of
1933 registering an indefinite number of shares. The registration
statement became effective on August 1, 1986, and applicant's initial
public offering commenced soon thereafter. Applicant consists of two
series, EV Classic High Income Fund (``Classic High Income'') and EV
Marathon High Income Fund (``Marathon High Income'') (collectively the
``Funds''). Applicant is a feeder fund in a master/feeder structure and
therefore has no investment adviser.
2. On June 19, 1995, applicant's Board of Trustees, including a
majority of Trustees who were not interested persons of applicant,
approved an Agreement and Plan of Reorganization for each Fund whereby
applicant would transfer all of the assets and liabilities of Classic
High Income and Marathon High Income to a corresponding new series of
Eaton Vance Mutual Funds Trust (the ``Trust''). These new series are EV
Classic High Income Fund and EV Marathon High Income Fund (together,
the ``Successor Funds''). In exchange, each Fund would receive shares
of beneficial interest of each Successor Fund with an aggregate net
asset value equal to the net asset value of each Fund's assets and
liabilities transferred. Pursuant to rule 17a-8, applicant's Board of
Trustees determined that such reorganization would be in the best
interests of applicant and that the interests of existing shareholders
of the Funds would not be diluted as a result of the reorganization.\1\
No shareholder approval was required by the Declarations of Trust of
applicant or the Trust, or by applicable law.
\1\ Although purchases and sales between affiliated persons
generally are prohibited by section 17(a) of the Act, rule 17a-8
provides an exemption for certain purchases and sales among
investment companies that are affiliated persons of one another
solely by reason of having a common investment adviser, common
directors, and/or common officers. Applicant and the Trust may be
deemed to be affiliated persons of each other solely by reason of
having common trustees and officers, and therefore may rely on the
rule.
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3. On July 31, 1995, applicant transferred all of the assets and
liabilities of the Funds to their corresponding Successor Funds.
Shareholders in the Funds received shares of beneficial interest of
each Successor Fund equal in value to their shares in a Fund in
complete liquidation and dissolution of applicant. No brokerage
commissions were paid as a result of the exchange.
4. Each Fund and each Successor Fund assumed its own expenses in
connection with the reorganization. Such expenses included, but were
not limited to, legal fees, registration fees and printing expenses.
5. At the time of the filing of the application, applicant had no
assets or liabilities, was not a party to any litigation or
administration proceeding, and had no shareholders. Applicant is
neither engaged, nor does it propose to engaged, in any business
activities other than those necessary for the winding-up of its
affairs.
6. On July 31, 1995, applicant dissolved as a Massachusetts
business trust.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
[FR Doc. 95-30860 Filed 12-19-95; 8:45 am]
BILLING CODE 8010-01-M
