Fee simple ownership of the “bricks and mortar” of real estate is not a securities transaction. “The offer of real estate as such, without any collateral arrangements with the seller or others, does not involve the offer of a security.” As you move further away from that model, you move closer and closer to the [...]
Tag Archives: Real estate
Which Real Estate Fund Managers are Registered with the SEC?
After looking at whether a fund manager is an investment adviser and whether real estate is a security, I looked at the Private Equity Real Estate News list of the 30 biggest private equity real estate firms in the world (.pdf). (Disclosure: my company is on the list.) How many of them are already registered [...]
Rosand Enterprises and Real Estate Fraud
I find looking at fraud cases instructive, seeing common themes, failures and techniques. Since my company is in real estate, real estate fraud catches my eye. Recently the SEC brought a case against Rosand Enterprises and one of its principals, Robert A. Anderson. The Securities and Exchange Commission came in late. The Illinois Secretary of [...]
New Codes of Conduct for Real Estate Companies
It’s always useful to look at what your competition is doing. The same is true in drafting your code of conduct (or code of ethics or whatever name you chose). It is useful to look at you what your competitors’ codes of conduct look like. Since Sarbanes-Oxley requires a public company to have a code [...]
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