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Saba Capital Income & Opportunities Fund II Co-Investment Application

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Summary

The SEC published a Notice of Application (Release No. 36094, File No. 812-15585) from Saba Capital Income & Opportunities Fund II and related entities requesting an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 to permit certain business development companies (BDCs) and closed-end management investment companies to co-invest in portfolio companies with each other and with affiliated investment entities. Hearing requests are due by 5:30 p.m. Eastern Time on May 15, 2026.

“Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the "Act") and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.”

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What changed

The SEC published notice of an application by Saba Capital Income & Opportunities Fund II and affiliated entities seeking an exemption order to permit co-investment transactions between business development companies and closed-end management investment companies that would otherwise be prohibited under sections 17(d) and 57(a)(4) of the Investment Company Act of 1940. The application was filed June 7, 2024 and has been amended four times since. This notice provides interested persons the opportunity to request a hearing on the application before the Commission issues its decision.

Investment advisers and fund managers operating BDCs or closed-end investment companies should monitor this proceeding for potential implications if the requested co-investment relief is granted, as similar exemptions could become available to other eligible entities seeking to structure affiliated co-investment arrangements.

What to do next

  1. Submit hearing requests to SEC Secretary by May 15, 2026 at 5:30 p.m. Eastern time

Archived snapshot

Apr 22, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Notice

Saba Capital Income & Opportunities Fund II, et al.

A Notice by the Securities and Exchange Commission on 04/22/2026

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  • Public Inspection Published Document: 2026-07854 (91 FR 21532) Document Headings ###### Securities and Exchange Commission
  1. [Investment Company Act Release No. 36094; File No. 812-15585] April 20, 2026. # AGENCY:

Securities and Exchange Commission (“Commission” or “SEC”).

ACTION:

Notice.

Notice of application for an order under sections 17(d) and 57(i) of the Investment Company Act of 1940 (the “Act”) and rule 17d-1 under the Act to permit certain joint transactions otherwise prohibited by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.

Summary of Application:

Applicants request an order to permit certain business development companies (“BDCs”) and closed-end management investment companies to co-invest in portfolio companies with each other and with certain affiliated investment entities.

Applicants:

Saba Capital Income & Opportunities Fund II, Saba Capital Income & Opportunities Fund, Saba Capital Management, L.P., and certain of ( printed page 21533) their affiliated entities as described in Appendix A to the application.

Filing Dates:

The application was filed on June 7, 2024 and amended on January 22, 2025, August 12, 2025, February 6, 2026, and March 18, 2026.

Hearing or Notification of Hearing:

An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at Secretarys-Office@sec.gov and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. The email should include the file number referenced above. Hearing requests should be received by the Commission by 5:30 p.m., Eastern time, on May 15, 2026, and should be accompanied by proof of service on the Applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary at Secretarys-Office@sec.gov.

ADDRESSES:

The Commission: Secretarys-Office@sec.gov. Applicants: Michael D'Angelo, Saba Capital Management, L.P., Michael.DAngelo@sabacapital.com; and George M. Silfen, Alston & Bird LLP, George.silfen@alston.com.

FOR FURTHER INFORMATION CONTACT:

Jill Ehrlich, Senior Counsel, or Thomas Ahmadifar, Branch Chief, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:

For Applicants' representations, legal analysis, and conditions, please refer to Applicants' fourth amended application, filed March 18, 2026, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC's EDGAR system.

The SEC's EDGAR system may be searched at https://www.sec.gov/​search-filings. You may also call the SEC's Office of Investor Education and Advocacy at (202) 551- 8090.

For the Commission, by the Division of Investment Management, under delegated authority.

Sherry R. Haywood,

Assistant Secretary.

[FR Doc. 2026-07854 Filed 4-21-26; 8:45 am]

BILLING CODE 8011-01-P

Published Document: 2026-07854 (91 FR 21532)

Named provisions

Section 17(d) Section 57(a)(4) Section 57(i) Rule 17d-1

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Last updated

Classification

Agency
Securities and Exchange Commission
Published
April 22nd, 2026
Comment period closes
May 15th, 2026 (23 days)
Compliance deadline
May 15th, 2026 (23 days)
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Minor
Document ID
91 FR 21532 / Investment Company Act Release No. 36094
Docket
Investment Company Act Release No. 36094 File No. 812-15585

Who this affects

Applies to
Fund managers Investors Public companies
Industry sector
5231 Securities & Investments
Activity scope
Co-investment transactions Affiliated investment entities BDC operations
Geographic scope
United States US

Taxonomy

Primary area
Securities
Operational domain
Regulatory Affairs
Topics
Financial Services Corporate Governance

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