Syndication Entity Formation
Real Estate Syndication Entity Formation By An Attorney For Maximum Protection
When building a syndication in real estate, you might want your first step to be to engage an experienced real estate attorney to help you develop the most effective structure and clarify your funding goals and strategy. Indeed, the immediate action to take at the beginning of your syndication journey will be the formation of your company to raise capital, and a lawyer experienced in real estate crowdfunding might be just the ace you want in your back pocket. Many times their biggest concerns involve one of the following:
- How long the formation process takes and making sure it meets requirements.
- Keeping address information private and handling agent for service of process.
- Keeping up to date with annual reports.
The attorneys at Moschetti Law Group are experienced in company formation documents themselves and the syndication structure, and how to build momentum toward attracting all the right investors. Contact Moschetti Law Group today to discuss your company formation and how we can help you develop your strategy from the ground up.
Amol had been in real estate for 20 years and had done five successful syndications. He had a successful blueprint for the process and was ready to start his sixth deal. The one thing that bothered him was setting up the entities themselves. It took too long, and it was unclear. He didn’t trust an online resource, having been burned in the past.
We set up a simplified system for Amol to get his LLCs and corporations set up and manage his annual reports and agent-for-service process for him.
We can help you review or draft your company formation documents to protect your interests and maximize your funding potential. For an LLC, we typically file:
- Articles of Organization
- Operating Agreement – This agreement attests that your company is operated by a board that are not only members. It also delineates the number of units, and their class, that you have to offer.
- Certificate of Good Standing – To receive this certificate, your LLC must be verified by the Secretary of State. You must be up to date on all taxes and your company’s incorporation. In most states, you must pay a nominal fee for this certificate.
We can help you review or draft your company formation documents with an eye to protecting your interests and maximizing your funding potential. For a corporation, we typically file:
- Articles of Incorporation – The Article or Certificate of Incorporation will attest that you have filed with the Secretary of State and that you have sufficient shares to offer. You must also determine what type of stock you plan to offer.
- Board Resolutions – Check that your board resolutions include Regulation Crowdfunding’s approval and authorization of “book entry,” or paperless, shares or non-certified securities. Without these, your company will be missing out on potential funding. Additionally, your board resolutions should be consistent with all bylaws. This helps avoid conflict and uncertainty in the future.
- Certificate of Good Standing – To receive this certificate, your corporation must be verified by the Secretary of State. You must be up to date on all taxes and your company’s incorporation. In most states, you must pay a nominal fee for this certificate.