What's in FINRA's 2021 Examination and Risk Monitoring Program Report That Could Impact Your Firm's Private Placement Offerings?

by Lynn Lawson

Lynn Lawson, Esq. is the founder of Advertising Regulatory Consulting, LLC, which provides advertising and marketing guidance to broker-dealers, registered investment advisors, product sponsors, and financial services industry associations. Prior to starting Advertising Regulatory Consulting,[...]

Filed Under: Due Diligence, Best Business Practices

Key Due Diligence Considerations for UPREIT Exit Transactions for 1031 DST Programs

by Brandon Raatikka

Many sponsors of DST programs are including section 721 UPREIT options in their potential exit strategies. Several factors are likely contributing to this evolution.

Filed Under: Due Diligence, REITs, Real Estate, Best Business Practices

Highlights from FactRight's 2021 Spring Due Diligence Conference

by Jessica Ryan

Here at FactRight, we want to take a moment to say thank you to all the financial advisory firms and sponsors alike, who took time out of their busy schedules to join us last week in Scottsdale for FactRight's 2021 Spring Due Diligence Conference. With record-breaking attendance, we couldn't be[...]

Filed Under: Due Diligence

NFTs: A New Class of Alternative Investments?

by Gavin Aydt

The newest craze in the world of digital assets, cryptocurrencies, and blockchain is non-fungible tokens (NFTs). NFTs are unique digital assets that represent tangible or intangible items. The tokens are used to provide verification of ownership over the assets and prove their authenticity and[...]

Filed Under: Due Diligence

Can UPREITs Allow You To Avoid Paying Capital Gains Tax Indefinitely?

by Gail Schneck

FactRight is seeing a trend in non-traded real estate investment trusts (REITs) that are seeking to diversify their funding sources by offering 1031 exchange investment opportunities with the potential to be UPREITed into the sponsoring REIT at some later date. The UPREIT transaction would be[...]

Filed Under: Due Diligence, REITs, Real Estate, Best Business Practices

At The Center Of It All: The Pro Forma Model

by Kevin Kirkeby

As far as true confessions go, this is rather lightweight: I love spreadsheets and financial models. There’s something about the designing, linking and debugging that is satisfying, even after several decades. There are always new analytic approaches and different formulas, not to mention Excel[...]

Filed Under: Due Diligence, Best Business Practices

Private Placement Due Diligence - Evaluating Alignment of Interests in Private Investment Programs

by Russell Putnam

Broker-dealers and RIAs need to have a robust due diligence process to satisfy regulatory requirements and make informed investment decisions with respect to private placements. And let’s face it, thorough due diligence of private placements does not always take a straightforward route.[...]

Filed Under: Due Diligence, Best Business Practices

Due Diligence Does Not End at the Signing of the Selling Agreement

by Kemp H. Hanley

I’ve always been a big proponent of ongoing due diligence coverage on direct participation programs. Back when I was an assistant portfolio manager for a large mutual fund company, our coverage of a company certainly didn’t stop after the buy trade was processed. Later, as a product sponsor in[...]

Filed Under: Due Diligence, Best Business Practices

FactRight's Kathryn Stephany Promoted to General Counsel

by Jessica Ryan

FactRight is pleased to announce the promotion of Kathryn Stephany to General Counsel. In her expanded role, Kate will oversee FactRight's legal, IT, and HR departments while leading and supporting FactRight's operational due diligence engagements.

Filed Under: About FactRight

Fulfilling Your Fiduciary Responsibility—So You’re Saying There’s a Chance!

by Russell Putnam

Today, we’re talking about a place where the due diligence knowledge flows like wine, where the RIAs instinctively flock like the salmon of Capistrano. Are we talking about a little place called Aspen? No. We’re talking about the Fulfilling Your Fiduciary Responsibility—Research and Due[...]

Filed Under: Due Diligence, Best Business Practices