The Impact of Regulation A+ on Real Estate Development
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Utilize the Regulation A+ rules to raise capital from accredited and non-accredited investors and institutions.Real estate investors and developers customarily raise capital using a mix of debt from banks and other lending institutions, as well as private equity from high net-worth individuals and institutions. Attracting capital remains challenging for most investors due to regulatory burdens, higher capital costs, and the high risk, high return nature of venture capital. Often, capital projects won't get off the ground unless projected returns are above market rates. This topic provides guidance of utilizing the Regulation A+ rules to raise capital from accredited investors and institutions in addition to more than 75 million nonaccredited investors - specifically, how Regulation A+ rules can be used to facilitate an initial acquisition of a real estate project and the process that must be followed in order to successfully complete a Regulation A+ offering. The material also provides you with the tools necessary to obtain capital for future projects without leveraging the existing projects. This topic is cutting edge in the world of real estate financing as it is estimated that less than $500 million has been raised using Regulation A+ since 2015 whereas in 2016 alone more than $490 billion in mortgage loans had closed.
AuthorsMark G. Kmiecik, Esq., Davis & Kuelthau, s.c. Michael Van Someren, Esq., Davis & Kuelthau, s.c.
• Capital Stack in Real Estate Projects (Equity vs. Debt)
• Overview of Securities Laws ('33 Act and '34 Act; Exemptions From '33 Act and '34 Act Requirements (Regulation D and Regulation A+))
• History of Regulation A+ (Statutory Authority and Purpose)
• Comparison to Other Fundraising Sources (e.g., IPO, Regulation D (Rules 504, 505 and 506(b) and (c) and Crowdfunding))
• Regulation A+ Requirements and Key Offering Elements
Why Regulation A+
• Why Regulation A+ Is Great for Real Estate
• Benefits vs. Costs (Liquidity Maker; Larger Pool of Potential Investors, Greater Sums of Money, State Law Preemption (Streamlined State Registration) vs. Higher Initial Costs, Ongoing Reporting Requirements, More Diverse Investor Group (Make Sure Rights Are Defined Upfront))
• Other Aspects to Consider (Broker-Dealer Considerations (i.e., FINRA Rules)