Corporate Transparency Act, CFIUS, and Other Real Estate Disclosure Requirements
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine recently enacted federal disclosure regimes affecting real estate investment and finance, including new burdens placed on borrowers and lenders under the Corporate Transparency Act (CTA) and FIRRMA. The panel will discuss how lenders can best navigate these disclosure regimes when conducting due diligence on borrowers and their investors, how borrowing entities can be structured to minimize reporting obligations, and how loan documents should be revised to ensure compliance through the life of a loan.
- Corporate Transparency Act
- Ownership and control thresholds
- Types of entities covered: exempt entities
- Reporting obligations: FinCEN registry
- Lender compliance with CTA
- Covered real estate transactions
- Covered real estate
- Reporting obligations
- CFIUS review and ability to block foreign investment
The panel will review these and other important issues:
- What types of LLC members and shareholders must be disclosed to FinCEN under the CTA?
- Does the CTA apply to partnerships?
- How will the CTA change the lender's approach to borrower due diligence and what continuing obligations should be reflected in loan documents?
- What constitutes "covered real estate"?
Shearman & Sterling
Mr. Ferranti has extensive experience representing clients in complex commercial real estate transactions, including in... | Read More
Mr. Ferranti has extensive experience representing clients in complex commercial real estate transactions, including in the areas of acquisitions, dispositions, joint ventures, development projects, foreign investment, financings and ground and space leasing. He regularly represents financial institution, sovereign wealth fund, investment fund and individual and institutional investor and developer clients including Olayan America, Credit Suisse, Shorenstein Properties and Metropolitan Life Insurance Co. Mr. Ferranti has written publications in Real Estate Finance & Investment and Law360 and has been involved in a number of speaking engagements at seminars and conferences on various real estate subjects.Close
John M. Beahn
Shearman & Sterling
Mr. Beahn has extensive experience representing clients in national security reviews before the Committee on Foreign... | Read More
Mr. Beahn has extensive experience representing clients in national security reviews before the Committee on Foreign Investment in the United States, the “Team Telecom” executive branch agencies and the Defense Counterintelligence and Security Agency. He has successfully represented domestic and foreign clients, including purchasers, sellers, investors, private equity sponsors and consortia, and other institutional investors, in transactions and investments subject to CFIUS and other national security reviews. Mr. Beahn has represented clients in a number of the most complex transactions ever approved by CFIUS, DCSA and Team Telecom and has negotiated several of the most comprehensive mitigation agreements executed with the U.S. government. He also represent clients on related national security issues, including supply chain matters, risk mitigation, and compliance monitoring.Close