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Private Placements Explained: Part 2 (Waterfalls)

by Russell Putnam

Last week, we looked at exemptions to registration under Regulation D itself in Part 1 of the blog series on private placements.  Let’s continue our discussion of private placements by exploring distribution waterfalls in Reg D programs.

Filed Under: Due Diligence, Regulation D

Private Placements Explained: Part 1 (Reg D)

by Russell Putnam

Over the past year or so, FactRight has seen an increase in the number of private placements in the retail space alternative space as sales of public, non-traded products decline. While many in the industry have a good understanding of the differences public and private investment programs, it[...]

Filed Under: Due Diligence, Legal and Regulatory, Regulation D

What Conservation Easement Listing Notice 2017-10 Means For You

by Russell Putnam

Listing Notice Overview

A year ago, the IRS published Listing Notice 2017-10, which notified taxpayers that they will be treated as having participated in a listed transaction under Section under Section 6111 and 6112 of the Internal Revenue Code and Section 1.6011-4(b)(2) of the Treasury[...]

Filed Under: Real Estate, Legal and Regulatory, Conservation Easements

Quick Take on UDF’s Claims Against Kyle Bass

by Jacob Heidkamp

Earlier this week, the UDF family of funds (consisting of all the non-listed United Development Funding investment programs syndicated through the retail broker dealer channel, among others) filed suit against J. Kyle Bass and Hayman Capital Management, L.P., and affiliates, based on multiple[...]

Filed Under: REITs, Legal and Regulatory

Reg A+ Q3 update

by Brandon Raatikka

A growing number of broker dealer and investment advisor clients requesting due diligence on Regulation A offerings from us demonstrates the inroads these deals continue to make in the financial services industry. And the pipeline of offerings continues to increase. In the third quarter of 2017,[...]

Filed Under: Regulation A+

Practice Tips on Reviewing Quarterly Filings

by Jacob Mohs

It’s 10-Q review season again, and at FactRight and FR Risk Management, we’re assessing the filings for many public, non-listed investment programs and updating our ongoing reviews for our clients. It’s a good time to share pointers on how to perform efficient and effective due diligence on[...]

Filed Under: Due Diligence, REITs, BDC's

Sector Outlooks (Q3 2017): What You Need to Know

by Caitlin McMahon

Each quarter, FactRight publishes several commercial real estate sector outlooks. These sector outlooks help broker-dealers and RIAs stay informed about the health of each commercial asset type, as well as assess which real estate-related alternative investment products may be right for their[...]

Filed Under: REITs, Real Estate, Market Research

Reads on Real Estate Values from NAREIT

by Brandon Raatikka

As a large share of alternative investments we cover at FactRight are real estate-based, we’re chewing on a couple recent blog posts from commentators over at NAREIT regarding current real estate values, which will interest many of our blog readers and clients.

Filed Under: REITs, Real Estate

Key Conservation Easement Due Diligence

by Russell Putnam

As we move toward the end of the year, you may find yourself reviewing a land syndication that gives investors the option to encumber the property with a conservation easement, which would generate a charitable deduction for federal tax purposes. We thought that a brief primer on conservation[...]

Filed Under: Due Diligence, Real Estate

The House GOP Tax Bill and 1031 Exchanges

by Brandon Raatikka

Today, the Republican members of the House Ways and Means Committee released the long-awaited tax bill—the proposed Tax Cuts and Jobs Act.  Should it, or something anything like it, be signed into law, the wide-sweeping legislation would represent a momentous overhaul of deductions, brackets,[...]

Filed Under: 1031 Exchange, Real Estate, Legal and Regulatory