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Disclosure Requirements Real Estate Investments

Mayer Brown Free Writings + Perspectives

SEC Director Focuses on CRE Disclosures

As part of a panel discussion at the Practising Law Institute’s 2024 SEC Speaks Conference held on April 2, 2024, the Director of the SEC’s Division of Corporation Finance, Erik Gerding, highlighted several risks and...more

Morrison & Foerster LLP

A Comparative Analysis of 2022 and 2023 SEC Comments Issued to REITs

In recent years, the Securities and Exchange Commission (SEC) has increased its scrutiny of disclosure in public filings, as evidenced by an increase in the number of comments issued to public reporting companies. This trend...more

Allen Barron, Inc.

What Happens If You Don't File an FBAR

Allen Barron, Inc. on

It is common for a US taxpayer to ask “what happens if you don’t file an FBAR or a Form 8938, Statement of Specified Foreign Assets with the IRS? Why do I have to worry about filing an FBAR in San Diego or anywhere in the US,...more

ArentFox Schiff

Calling all Cash Money Millionaires: FinCEN Proposes New Reporting Rules for Cash Residential Real Estate Transfers

ArentFox Schiff on

“In residential real estate sales, all parties involved, including sellers, developers, title companies, attorneys, and closing agents, need to be aware of reporting requirements. Consider a situation where a commercial...more

Rivkin Radler LLP

NY’s LLC Transparency Act and NYC Real Estate – Albany Wants to Know the Secrets that You Keep[i]

Rivkin Radler LLP on

A national study released in 2015 reported that “nearly half the residential purchases of over $5 million were made by shell companies rather than named people.”[ii] Because shell companies could often be formed without...more

Arnall Golden Gregory LLP

UPDATE: CMS Finalizes Rule Requiring Greater SNF Ownership Transparency, Including Private Equity and REIT Disclosures, and...

The Centers for Medicare & Medicaid Services (“CMS”) released a final rule on November 15, 2023 (published on November 17, 2023) (the “Rule”), requiring greater skilled nursing facility (“SNF”) ownership transparency. The...more

Dechert LLP

Individuals and Trusts Beware: The Corporate Transparency Act Applies to You

Dechert LLP on

The Corporate Transparency Act (the "Act") is a significant piece of legislation enacted as part of the National Defense Authorization Act for Fiscal Year 2021. The Act was designed to prevent the misuse of corporations and...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

Goodwin

Blind Pool REIT IPOs: Real Estate Sponsors Are Getting Ready To Jump Back In

Goodwin on

Coming out of the Great Recession, there was a rush by real estate sponsors to raise “blind pool” capital to take advantage of displacement and distress in the real estate market. From 2009 through 2010, 30 new public real...more

Woods Rogers

Real Estate Syndications: Legal Considerations for Syndicators (and Investors)

Woods Rogers on

Real estate syndication involves pooling funds from multiple investors to finance a real estate project. While syndication can be a profitable investment strategy, it also comes with various legal considerations and potential...more

K&L Gates LLP

UK Real Estate Ownership and the Implications of the Economic Crime (Transparency and Enforcement) Act

K&L Gates LLP on

On 2 August 2023, the Register of Overseas Entities (ROE) update process went live. UK Companies House issued guidance on the requirements overseas entities will have to adhere to in their annual update of the ROE. Our...more

Dorsey & Whitney LLP

The Economic Crime (Transparency and Enforcement) Act 2022: New Rules for Overseas Entities Owning Land in the UK

Dorsey & Whitney LLP on

The Economic Crime (Transparency and Enforcement) Act 2022 (“Act”) introduces new measures to tackle illicit wealth in the UK property market. The Act is comprised of three parts and Part 1 of the Act (“Part 1”), which became...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Pillsbury - Gravel2Gavel Construction & Real...

Commercial Real Estate in 2023: A Snapshot

As we close out the last remaining weeks of 2022, all eyes look ahead to 2023. Below is a quick snapshot highlighting three trends and predictions that may continue to shape the commercial real estate landscape in 2023....more

Hogan Lovells

ESG: What are the global issues for cross-border managers of real estate funds?

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With ESG requirements varying across different jurisdictions, managers who market their funds in multiple jurisdictions are faced with the potential of having to comply with various regimes.  Different jurisdictions can take...more

Goodwin

Goodwin REIT Alert: REIT Disclosure Requirements When Acquiring or Disposing of Real Estate Operations

Goodwin on

When a public REIT acquires or disposes of real estate, the transaction may trigger financial disclosure requirements under SEC rules and guidance. Specifically, Rule 3-14 of Regulation S-X (“Rule 3-14”) sets forth the...more

A&O Shearman

Real Estate Investment in the Age of Beneficial Ownership Information Reporting

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On September 29, 2022, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued its highly anticipated final Beneficial Ownership Information (BOI) reporting provisions (Final Rule), thereby...more

Venable LLP

Keeping Up with Disclosures: SEC Punishes Kim Kardashian for Crypto Promotion

Venable LLP on

​​​​​​​On Monday the U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax’s digital tokens, “EMAX tokens,” on...more

Whitman Legal Solutions, LLC

Selling Real Estate Securities: Promoter Compensation (and why Kim Kardashian is paying a $1.26 million settlement to the SEC)

On September 30, 2022, the SEC charged Jonathan William Mikula and five other individuals with securities fraud for promoting securities without disclosing their compensation. The issuers of those securities also were charged...more

K&L Gates LLP

Overriding Interest Summer 2022

K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest & Firm News - Events - Pro Bono Update - Case Reports ...more

Orrick, Herrington & Sutcliffe LLP

Economic Crime (Transparency and Enforcement) Act 2022 – Implications for Property Transactions

The Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") received royal assent on 15 March 2022 and key aspects of the Act summarised below came into force in the UK on 1 August 2022. The aim of the Act is to...more

Hogan Lovells

UK register of beneficial owners goes live

Hogan Lovells on

After some years in the making, the UK register for overseas entities finally opened at Companies House on Monday 1 August 2022. Overseas entities that own registered land in the UK are now required to register at Companies...more

Latham & Watkins LLP

New Disclosure Requirements Imposed on Overseas Entities Holding UK Property

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A new Register of Overseas Entities, expected this summer, requires disclosure of beneficial owners. The UK government has introduced legislation1 in Parliament to pave the way for the launch of the new Register of...more

Morrison & Foerster LLP

Register of Overseas Entities Owning UK Property – Key Requirements

Executive Summary: the 30-second brief- The enactment of the Economic Crime (Transparency and Enforcement) Act 2022 means that clients will need to review their property portfolio. Where overseas entities are the...more

Goodwin

UK Government Seeking to Introduce a Register of Overseas Entities

Goodwin on

As part of the UK government initiative to clamp down on criminals using UK property to launder their ill-gotten gains, the government is introducing some sweeping disclosure requirements in the form of a ‘Register of...more

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