[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Notices]
[Page 8083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4731]
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SECURITIES AND EXCHANGE COMMISSION
[Investment Company Act Release No. 178; 811-5453]
Eaton Vance Equity-Income Trust; Notice of Application
February 3, 1996.
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: Eaton Vance Equity-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.
FILING DATE: The application was filed on February 8, 1996.
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 March 19, 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, D.C. 0549.
Applicant, c/o Eric G. Woodbury, Esq., 24 Federal Street, Boston, MA
02110.
FOR FURTHER INFORMATION CONTACT:
Robert Robertson, 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 August 11, 1987, applicant
registered under the Act, and filed a registration statement pursuant
to section 8(b) of the Act and the Securities Act of 1933. The
registration statement became effective on October 20, 1987, and
applicant's initial public offering commenced soon thereafter.
Applicant is a feeder fund in a master-feeder structure and therefore
has no investment adviser.
2. On August 7, 1995, applicant's board of trustees approved an
Agreement and Plan of Reorganization whereby applicant would transfer
all of its assets and liabilities to EV Marathon Total Return Fund (the
``Fund'') a series of Eaton Vance Special Investment Trust (the
``Trust'').
3. Pursuant to rule 17a-8, which governs mergers of certain
affiliated investment companies, applicant's trustees determined that
the reorganization was in the best interests of applicant and the
interests of applicant's existing shareholders would not be diluted.\1\
No shareholder approval was required by the Declaration 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
trustees, and/or common officers. Applicant and the Trust may be
deemed to be affiliated persons of each other by reason of having
common trustees and officers, and therefore may rely on the rule.
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4. On November 3, 1995, applicant transferred all of its assets and
liabilities to the Fund. Shareholders in the applicant received shares
of beneficial interest of the Fund equal in value to their shares in
applicant in complete liquidation and dissolution of applicant.
Specifically, in exchange for $23,814,445 of assets transferred to the
Fund applicant issued 2,027,296 shares of beneficial interest. No
brokerage commissions were paid as a result of the exchange.
5. Applicant assumed all expenses in connection with the
reorganization. Such expenses were approximately $30,644 and included,
but were not limited to legal fees and registration fees.
6. At the time of the filing of the application, applicant had no
assets or liabilities and was not a party to any litigation or
administrative proceeding and had no shareholders. Applicant is neither
engaged, nor does it propose to engage, in any business activities
other than those necessary for the winding-up of its affairs.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-4731 Filed 2-9-96; 8:45 am]
BILLING CODE 8010-01-M
