OUR PRACTICE
Since real estate investment trusts (REITs) were created in 1960, we have been advising corporations and other clients considering and implementing REIT structures as business, investment and/or tax strategies. We regularly advise clients on REIT formation, organization, operation, regulatory compliance, and distribution.
For every client considering and implementing a REIT structure, we provide a multidisciplinary team of corporate, finance, real estate and tax attorneys who understand the critical issues one must consider and assess. We work closely with clients responding to the challenges and opportunities in the formation of REITs, and we employ innovative and sophisticated approaches that meet client requirements for practical and cost-effective solutions.
Sutherland helps clients navigate the full range of issues presented in real estate investment fund formation including:
- Tax Structuring – Our nationally recognized tax practice provides insight and perspective on both the intent and application of the Internal Revenue Code and the Treasury regulations applicable to the formation of REITs. In the formation process, our tax attorneys:
- Ensure the REIT meets organizational and operational requirements.
- Structure formation to minimize taxes on transfer or acquisition of property.
- Entity Formation – Our corporate attorneys are experienced in the formation of REIT entities, securities law issues inherent in such formation, and the structuring and consummation of corporate action necessary to the formation of a private REIT. During the formation process, our corporate attorneys:
- Analyze existing corporate structure.
- Determine the most efficient and effective way to structure asset transfers.
- Prepare all necessary corporate and governance documents.
- Manage securities law considerations, including the preparation of private placement documents.
- Real Estate Matters – We understand the constraints applicable to the operation of a REIT and are exceptionally experienced in the negotiation and documentation of financial transactions involving REITs. In the formation process, our real estate attorneys:
- Conduct due diligence, including assessment of REIT qualification considerations.
- Review existing leases and other agreements affecting the transfer of real property assets.
- Review and endorse any existing title insurance policies.
- Document the transfer or spin-off of real property interests.
© 2010 Sutherland Asbill & Brennan LLP