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Articles
Determining Investor Suitability for 506(b) Offerings
Question: If I am doing a 506(b) offering, do I still need a pre-existing substantive relationship before I can solicit from an Accredited Investor...
SEC Form D Filings and Blue Sky Laws for Rule 506 Offerings
QUESTION: What notices must be filed with securities agencies for an exempt real estate syndication under Regulation D, Rule 506? The following...
Class B Catchup Distributions Explained
When you are syndicating a cash-flowing property, you must determine how you will distribute cash to your investors at various stages of your...
10 Steps to Becoming a Successful Real Estate Syndicator
Here’s a 10-step checklist on how to start a Real Estate Syndication: 1 - Select an asset class Figure out what asset class you want to buy...
Joint Ventures & Co-Investments — Typical Structures & Applications
What is a joint venture? Two or more parties who join together to achieve a common goal. In this article we will focus on some typical joint venture...
How to Structure a Real Estate Syndicate
Although there are numerous ways to structure a commercial income-producing property, the following model describes a typical 2 Class syndicate with...
Soliciting Investors for a Rule 506(b) Private Placement Offering
QUESTION: How can I solicit investors for a group real estate investment? A securities offering claiming the “private placement” exemption from...
12 Ways You Can Earn Money as a Real Estate Syndicator
A question I often encounter is how one can make money at real estate syndication. Let’s start by addressing what we mean by real estate...
The Legal Aspects of Raising Money from Private Investors-Rule 506(b)
QUESTION: What Securities Laws Apply to Raising Money from Private Investors? Securities Laws The Securities Act of 1933 was enacted in the wake of...
FAQs
How Do I Split Money With Investors?
There is no “right” answer on how to split money with investors. The answer depends on the deal and your investors. You may not need any track...
What Might Happen if I Lie About My Financial Qualifications to Get Into a Deal?
Some securities exemptions, such as the Regulation D, Rule 506(b) exemption (and some state securities exemptions), allow investments by a limited...
Can a Canadian Citizen Invest in My Syndicate?
Yes, but if your investment entity is a limited liability company, they could be double-taxed in the United States and Canada unless they have their...
When Can I Talk Deal Points With Investors?
It depends whether you are doing a Rule 506(b) Offering, and if so, you must establish a pre-existing, substantive relationship before discussing...
Can I Offer Different Terms to Different Investors?
The two primary reasons to do this are to reward specific investors for investing more than others or investing early. There are two ways you can do...
When Do I Need to Worry About Doing a Securities Offering if I am Borrowing Money from Private Investors?
If you are just doing a one-off loan, you don't need to be overly concerned about Rule 506(b) — especially if your investor is accredited. With a...
When Does Selling Interests in an LLC Constitute the Sale of Securities?
We see many people try to avoid securities laws by saying they are doing “joint ventures” when, in reality, they are selling securities. Selling...
What Do I Need to Know About Syndicating in the Wake of the Coronavirus Pandemic?
The syndication market has slowed. Proceed with caution. Give yourself long escrows and extra extensions on any new projects right now, as investors...
Teleseminars
SEC Updates & Multi-Family Syndication Trends
In our December 2020 free educational webinar, attorney Kim Lisa Taylor provided details of recent SEC actions and proposals that have positive...
‘Asset Protection in Your Syndicate: How it Works & Why it Matters’ with Clint Coons
In this webinar, Kim Lisa Taylor interviewed Clint Coons, a founding partner of Anderson Law Group and current manager of Anderson’s Tacoma office,...
‘Real Estate Deal Structures That Stand the Test of Time,’ with Samuel Freshman
This webinar features Samuel Freshman — acclaimed author, speaker, and icon in the Syndication world — in an encore appearance (his first was on our...
How to Resell Interests in a Securities Offering
In this webinar, Kim Lisa Taylor, Esq., welcomed guests Simen Ruge and Jackson Stith, co-founders of SyndiGate Capital, LLC, which focuses...
Distribution Waterfalls and How Cash Flows in a Syndicate
In this webinar, host and Syndication Attorneys, PLLC founding attorney Kim Lisa Taylor, Esq., educates participants about how cash flows in a...
How to Streamline Management of Your Investors
This teleseminar centers around a discussion of the benefits of using an investor management platform to manage and impress your investors, from the...
White Papers
How to Borrow Money to Fund Your Real Estate or Startup Business
Crowdfunding: A Guide to the Basics
Podcasts
How to Syndicate Legally, with Dan Krueger and Anthony Vicino
Dan Krueger and Anthony Vicino, hosts of the podcast "Multifamily Investing Made Simple," welcome Kim Lisa Taylor as guest speaker. Kim outlines the...
What is a Real Estate Syndication, with Seth Bradley
On this episode of The Passive Income Attorney Podcast, host Seth Bradley and Kim Lisa Taylor discuss syndications, explain the role of sponsors in...
Fund Creation and Fund Structures, with Ruben Greth
On this episode of Ruben Greth's "The Capital Raiser Show," Kim Lisa Taylor detailed a variety of structures for fund creation (including the “deal...
Legal Syndication Matters, With Jonathan Mickles
In this interview with Jonathan Mickles on his podcast, Strategic Multifamily Investing, guest Kim Lisa Taylor discusses securities law, how to...
Understanding Syndication Law, with Vinney Chopra
In this guest appearance on longtime friend Vinney Chopra's podcast, "Syndication Made Easy," Kim Lisa Taylor goes into detail on the 10 steps to...
How to Avoid Fraud When Investing in Real Estate, with Kent Ritter
In this interview with Kent Ritter on his podcast, Ritter on Real Estate, guest Kim Lisa Taylor discusses how to identify fraudulent deals and bad...
News
Court Ruling Spotlights ‘Cryptocurrency as Securities’ Question
A recent court ruling is providing more clarity to the question of when digital assets are subject to securities laws and serves as notice to...
SEC ‘Blacklist’ Shines Spotlight on Companies Making False Claims to Investors
Did You Know that the U.S. Securities and Exchange Commission (SEC) maintains a list with the names of companies that “falsely claim to be...
Apartment Sector Could See a Sell-Off During Q1-Q2 2020
As the 2020 presidential election looms, apartment sales could take off during the first half of the year. Given that a new advisory study released...
What’s the Difference Between a Broker-Dealer and an Investment Adviser?
As more Americans become actively involved in investing to help fund their portfolios for retirement, education or other needs, the question arises:...
Raising Money in Advance — It’s Not as Easy as You Think
It’s not as easy as you think to raise money in advance. We have had many clients try to do this with very limited success. Most have gone back to...
How to Stay Enthusiastic All the Time
The following is a guest post from Vinney (Smile) Chopra, a seasoned multifamily investor, syndicator and educator: In multifamily investing, it...