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Investment Law Blog

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How Real Estate Developers Can Use Opportunity Zone Funds to Finance New Real Estate Projects

by Catherine DeBono Holmes and Bradford S. Cohen Real estate developers have a new source of investment for their development projects, created by the Tax Cuts and Jobs Act of 2017 A new tax incentive for investment in low-income areas designated as “Opportunity Zones” was included in the Tax Cuts…

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Webinar: “How can EB-5 issuers make the most of the Opportunity Zone program?”

JMBM’s Investment Capital Law Group is pleased to announce that Catherine DeBono Holmes, Chair of the Group, will participate as a panelist during the webinar, “How can EB-5 issuers make the most of the Opportunity Zone program?” sponsored by NES Financial. Last year’s tax reform created massive incentives for holders…

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Catherine DeBono Holmes Recognized in EB5 Investors Magazine’s List of “Top 15 Corporate Attorneys”

LOS ANGELES—Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that Catherine DeBono Holmes has been named to EB-5 Investors Magazine’s “Top 15 Corporate Attorneys” list for 2017. Holmes is the Chair of JMBM’s Investment Capital Law Group and the author of the Investment Law Blog. She helps clients worldwide…

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Fiduciary Duties of General Partners and Managers in Connection with Redeployment of EB-5 Capital

Now that the USCIS has issued guidance requiring redeployment of capital proceeds received by a new commercial enterprise (“NCE”) from repayment of its initial investment in a job-creating entity (“JCE”) for EB-5 investors who have not completed their “sustainment period,” every General Partner or Manager of an NCE will need…

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STANDARDS AND GUIDELINES FOR REDEPLOYMENT OF EB-5 INVESTMENT FUNDS

The white paper below was updated on July 24, 2017. It first appeared in the Investment Law Blog on February 21, 2017. Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk”, the authors of…

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What to do if you suspect your EB-5 project is in trouble

This article is co-authored by Daniel B. Lundy, Esq., of Klasko Immigration Law Partners, LLP. His Firm’s blog is available here. WHAT TO DO IF YOU SUSPECT YOUR EB-5 PROJECT IS IN TROUBLE By: Catherine DeBono Holmes, Esq., Daniel B Lundy, Esq. and Jeffrey E. Brandlin, CPA, CIRA, CFF Managers and Investors in EB-5 Investment…

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Using the Uniform Transfers to Minors Act for Minor Investors in EB-5 Investment Funds

This article is co-authored by Daniel B. Lundy, Esq., of Klasko Immigration Law Partners, LLP. His Firm’s blog is available here. The USCIS stated in a stakeholder call on July 28, 2016 that minors can be primary applicants on I-526 petitions for visas under the EB-5 Program, but bear the burden of…

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The EB-5 Securities Law Roundtable has released its recommendations to clarify and conform EB-5 integrity legislation to existing securities laws.

The EB-5 Securities Law Roundtable, a group of securities lawyers from several different law firms around the United States, has been working jointly to provide comments to legislation that we expect will be proposed by Congress to improve the integrity of the EB-5 program. The focus of the Roundtable has…

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Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

By: Catherine DeBono Holmes, Esq. and Bernard P. Wolfsdorf, Esq. The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary applicant on I-526…

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California’s New Law Legalizing Payment of Finder’s Fees to Unregistered Persons for Securities Offerings

Good for raising capital in California, but contrary to current SEC policy for transactions outside California On October 10, 2015, the Governor of the State of California approved California Assembly Bill 667, which will legalize the payment of finder’s fees by an issuer of securities to a person who introduces…

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