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A small change in the federal securities laws contained within the Jumpstart Our Business Startups Act
and for which the Securities and Exchange
Commission proposed a new Rule 506(c) under
Regulation D on Aug. 29, 2013 will change the way in
which real estate investments are sold and financed
because it allows for the nationwide advertising and sale of interests
in real estate and mortgages without the need for the sponsor to
register the offerings with the SEC. The Jobs Act and Rule 506(c)
suggest that it does not matter whether the real estate is a security
if it is only sold to accredited investors.
Previously, the sale of investments in real estate where someone
else was making the decisions were considered securities and, except
for limited exemptions, the sponsor would be required to go
through the time and expense of a filing with the SEC and complying with the subsequent reporting requirements for public companies, which made it very difficult for investors to invest in single
properties. The JOBS Act provided relief from these marketing limitations because it permits sponsors to treat the real estate interests as
securities, that do not need to be registered with the SEC (other than
submitting a simple Form D). –Stuart Saft, Holland & Knight
The latest counterproductive Congressional antics
are just more of the same, adding to the economic
inertia and raising the stakes for a downturn.
Americans have learned not to expect solutions from
their leaders who are more interested in ideological
bloviating and staying in office than serious public
policy proposals.—Jonathan Miller, Miller Ryan LLC
Florida provides an excellent window into the future of
net lease pharmacies because we can evaluate what a
large state with a high percentage of seniors looks like
compared to the rest of the country. As baby boomers
continue to age and states across America, in essence,
take on similar demographic profiles to Florida, we can
expect similar shifts in their economies. For the net lease market,
this means an increased demand for medical services and the type of
tenants who provide them.—Jonathan Hipp, Calkain Cos.
Industry Experts Speak Out
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