Syndication Law & The Private Placement Memorandum Attorney

Learn about the difficulties of attracting investors for real estate syndications and the importance of a proactive approach. Discover the key steps to finding investors and the success they have had with various sources. Emphasizes the significance of referrals and transitioning from one-to-many. Discusses effective marketing and advertising strategies, including building an online presence and targeting the inner circle.

Learn about the importance of entity selection and structures in real estate syndications to protect against liability. Explore the consequences of inadequate fire doors and the need for proper structuring of syndication entities. Discuss the different types of entities for real estate syndications and their level of asset protection. Explore the differences between LLCs and corporations in governance, asset protection, and tax implications. Understand the difference between manager managed and member managed LLCs.

Learn about the three essential questions for syndicators to raise money effectively, find out surprising challenges while finding investors for a real estate deal, explore different investment categories and evaluate Berkshire Hathaway, delve into real estate investment strategies, and understand the importance of property type, location, and risk profile in real estate syndications.

The podcast covers the process of launching real estate syndications, including bringing in investors, determining property suitability, and marketing the property. It also discusses the stages involved in launching a syndication, such as securing investors, funding the deal, and ongoing responsibilities of a syndicator.

Attorney Tilden Moschetti discusses how to inform friends and family about a Reg D Rule 506b offering without advertising. Strategies include informing the public but making it clear the offering is closed to them, and hosting seminars to build relationships with potential investors for future offerings. The focus is on compliance with SEC regulations.

Tilden Moschetti, an attorney for the Moschetti Syndication Law Group, discusses the complexities of combining a Regulation D 506b offering and a Regulation D 506c offering simultaneously. Moschetti explains that executing both offerings at the same time or sequentially would be non-compliant. However, starting with a 506b offering and then transitioning to a 506c offering, after closing the former, might be acceptable if well-documented.

The podcast explores the complexities and challenges of doing a 1031 exchange in a syndication. It discusses the difficulties of involving investors as tenants in common and the complications that arise when some investors want to opt out. The potential issues of doing a 1031 exchange in California are also explored, suggesting solutions like having investors from more accepting states or allowing some investors to opt out of the exchange.

Attorney Tilden Moschetti discusses limitations on resale in private placement memorandums under Regulation D. He explains that investors should provide value through dividends or other forms of payout, and suggests steps to demonstrate compliance with Rule 502d. The podcast also explores methods to document and communicate limitations to investors, the concept of creating a right of first refusal, and Rule 502D compliance requirements in Regulation D offerings.

The podcast discusses Regulation D Rule 506b and its importance in raising capital legally. It explores qualifications for exemption, accredited investors, prohibited advertising, and the role of the private placement memorandum. The differences between Rule 506b and 506c are also explained, along with limitations on purchasers. Various exemptions under Rule 506b are discussed, including for spouses, relatives, trusts, and majority-owned corporations.

Tilden Moschetti, founder of Moschetti Law Group, advises against paying finder fees for marketing syndications due to potential risks. He suggests compensating licensed broker-dealers or employing individuals hourly without tying pay to the funds they raise. Moschetti warns against the legal and financial repercussions of compensating non-licensed individuals and advises adjusting compensation among partners or executives.