Private Equity Real Estate Fund Formation: Capital Raising, Regulatory Issues and Negotiating Trends
Navigating Capital Contributions, Allocation of Profits/Losses, Clawbacks, Return of Capital, Fees, Conflicts of Interest, and More
A live 90-minute CLE webinar with interactive Q&A
Wednesday, May 3, 2017 (in 9 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar will discuss the key structural considerations and legal complexities of forming, launching and operating a private real estate fund. The program will look at how recent regulatory developments impact fund managers and investors with respect to issues such as fees and expenses, co-investments, and conflicts of interest. The program will provide an overview of tax issues impacting fund formation.
Private real estate funds continue to be a compelling alternative to public and private REITS for real estate investments. These funds often involve complex legal and tax issues arising from structuring and investing in U.S. sponsored funds. Moreover, investors are becoming increasingly more sophisticated with diverse tax profiles and are likely to negotiate terms that better align interests between the investor and general partner/sponsor.
At the same time the SEC and other authorities continue to scrutinize the private equity industry regarding fees and expenses, co-investments, conflicts of interest, and other concerns impacting private fund managers, driving new issues to the forefront of GP/LP negotiations. What do you need to know to negotiate this evolving and highly scrutinized landscape?
Listen as our panel of real estate and fund practitioners discusses the key structural considerations and legal complexities of forming, launching and operating a private real estate fund. The panel will discuss the changing regulatory landscape of fund formation impacting fund managers and investors such as fees and expenses, co-investments and conflicts of interest. The panel will also provide an overview of current tax issues and related developments.
- Overview of the real estate private equity fund formation landscape
- Admission and withdrawal of investors
- Initial capital contributions and capital calls
- Allocation of profits and losses; clawbacks; return of capital
- Fees and expenses and related conflicts of interest
- Operational considerations
- Tax issues impacting real estate funds
The panel will discuss these and other key issues:
- Legal and tax considerations in forming, launching and operating a private real estate fund
- Private real estate funds vs. public and private REITs
- Entity structures for real estate funds
- Allocation of profits and losses, clawbacks, and return of capital
- Fees, expenses, co-investments and conflicts of interest
Richard M. Morris, Partner
Mr. Morris' practice covers a range of commercial and regulatory matters. He has more than 25 years of transactional experience in corporate finance, including public company offering, PIPEs, reverse mergers, bank and alternative source financings, venture capital and private equity investments, security offerings, leveraged recapitalizations, workouts and restructurings. His corporate real estate practice includes public and private REITs, real estate funds, mortgage funds, joint ventures, and other vehicles implementing real estate focused strategies. His institutional investment practice includes the formation and acquisition of funds, investments in real estate-related assets, and traditional and alternative source financings and investments.
Louis Tuchman, Partner
Mr. Tuchman counsels clients by addressing the tax implications of transactions, financings, litigations, restructurings, contracts and other matters. He is chair of the firm’s Tax Department. He advises clients in connection with mergers and acquisitions, net operating loss carryovers and consolidated returns, and counsels entities as to the tax consequences and considerations of loan workouts, both in and out of bankruptcy. He works extensively in structuring real estate investments, focusing on partnerships and limited liability companies, particularly as they are employed in connection with cross-border investments. His experience encompasses large-scale commercial and residential deals, REITs and REMICs, tax-free exchanges and transfer taxes.
Christopher Dearie, Partner
Mr. Dearie's practice focuses on financial services law and regulation. He advises asset managers, banks and domestic and international investment funds on a broad range of financial services regulatory issues. He has extensive experience in regulatory matters relating to the structuring, formation and marketing of onshore and offshore collective investment and joint venture vehicles. He has also advised on the regulatory aspects of numerous transactions, including in relation to the FCA’s change in control regime, the Senior Managers and Approved Persons regimes and on regulatory capital considerations. As a former funds lawyer, he has a particular interest in the establishment and regulation of investment funds and asset management and advisory businesses and has advised on the application of domestic and European law and regulation.
Live Webinar $297.00
Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.
This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
Live Webinar & DVD $394.00 plus $9.45 S&H
DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credits By State
Strafford’s program was very well tailored to issues encountered in actual practice and the speakers were extremely knowledgeable, experienced and provided analysis beyond the case law.
Parker Hudson Rainer & Dobbs
I was pleased with the programs practicality and the hands-on knowledge of the speakers.
Winthrop & Weinstine
Strafford’s webinars are consistently of higher quality than most other webinars.
James L. Burns
Stroock & Stroock & Lavan
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
Good straightforward presentation at a high level with good detail.
Cairncross & Hempelmann
Banking & Finance Law Advisory Board
Alston & Bird
Orrick Herrington & Sutcliffe
Stradley Ronon Stevens & Young
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.