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Landmarks - Spring 2017

by Benesch on

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections...more

New Non-Resident Speculation Tax in Ontario

by Bennett Jones LLP on

The provincial government announced today that effective April 21, 2017, it is imposing a 15-percent non-resident speculation tax on the purchase or acquisition of interests in residential property located in the Greater...more

Proposals for register of beneficial owners of foreign entities owning UK real estate

by DLA Piper on

On 5 April 2017 the UK Government published a consultation (or "call for evidence") on proposals for a new beneficial ownership register for overseas companies and other legal entities owning UK real estate. The consultation...more

UK Real Estate Aims for a “World’s First”

by Dorsey & Whitney LLP on

The Government has published a consultation document, proposing the introduction of a public register that details the identity of the ultimate owners behind foreign companies that purchase real estate in the UK. It is said...more

Nutter Bank Report, March 2017

Fed Raises Threshold That Triggers Review of Systemic Risk of a Proposed Merger - In a recent decision on a proposed merger of two bank holding companies, the Federal Reserve indicated that it has increased the...more

How the Trump Presidency May Affect Commercial Real Estate Investment in Mexico

by Shearman & Sterling LLP on

As the United States’ neighbor and second-largest trading partner, no country has followed President Trump’s rhetoric quite like Mexico. While sometimes it seems that even soothsayers cannot predict what the President will...more

Different owners within a retail park in Romania: practical aspects

by DLA Piper on

Shopping centers, including retail parks, are viewed in Romania today as commercial and entertainment hubs, where shops operate together in an integrated way to offer consumers an enhanced shopping experience. Whilst this...more

The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions

by Ward and Smith, P.A. on

This is part two of a two-part series on Internal Revenue Code Section 1031 tax-deferred exchange transactions. The first article provided an overview of the basic rules that govern 1031 exchanges. This article describes...more

The Evolution of Real Estate Crowdfunding — Some Links

Real estate crowdfunding remains one of “fin-tech’s” hottest stories in 2016. While crowdfunding remains a tiny percentage of overall real estate debt or equity deals, the share continues to grow....more

SEC, United Settle Internal Controls Case

by Dorsey & Whitney LLP on

When the Foreign Corrupt Practices Act was passed, a key portion of the statute centered on the books and records and internal control provisions written by the Commission. While the bribery provisions only apply to foreign...more

On safari: South Africa hunts deals in CEE and SEE

by DLA Piper on

The real estate community was abuzz in March 2016 when South Africa's Redefine Properties acquired a 75 per cent stake in Poland's Echo Prime Properties' 18-asset portfolio, a deal valued at EUR 1.2 billion....more

ISS Updates 2017 Voting Policies, Including Adoption of Policy to Recommend Against NCG Committee Members of Companies that...

by Goodwin on

On November 21, 2016, Institutional Shareholder Services (ISS) released final changes to its voting policies for 2017. One of ISS’s changes is the adoption of a new policy to recommend against the election of Nominating &...more

Quick Guide to REIT IPOs - 2016

Real Estate Investment Trusts (“REITs”) are endlessly inventive. They were first developed in the 1960s as a means for ordinary retail investors to hold interests in real estate. The REIT market has waxed and waned over the...more

Risk Retention and the CRE CLO

by Dechert LLP on

As we are just inking one of the very first pre-risk retention effective date risk retention deals (Potemkin Village anyone?), we are also seeing an increased flow of what are generically referred to as CRE CLOs. It’s time to...more

ISS Proposed 2017 Voting Policy Would Result in Recommendations Against NCG Committee Members of Many REITs

by Goodwin on

On October 27, 2016, ISS released certain proposed changes to its voting policies for 2017 for comment. One of its proposed changes is to recommend against the election of NCG committee members of any company that eliminates...more

New draft regulation on REITs

by DLA Piper on

On 14 October 2016, the Polish government published a long-awaited draft of a new law on real estate investment trusts (REITs) (Polish: spólki rynku wynajmu nieruchomosci). The draft has now been referred to public...more

IRS Issues Additional Guidance on REIT Parking Facility Income

by Miles & Stockbridge P.C. on

In the recently released Private Letter Ruling 201628020, the IRS considered a situation where affiliated entities owned various properties in an office park; the IRS determined that the entities’ income from leasing space in...more

Final IRS Regulations Clarify That Certain Solar Assets May Qualify as Real Property for REIT Purposes

On August 30, 2016, the IRS issued final regulations that clarify and expand the definition of "real property" for purposes of qualifying as a real estate investment trust (REIT). The final regulations substantially follow...more

Anti-Corruption Laws and Other International Risks – What it Means for the Real Estate Industry and How to Protect Against Risks

by Ropes & Gray LLP on

Real estate investment involves many risks with which real estate investment managers are familiar. These range from “micro” risks, such as tenant disputes and defective property maintenance, to “macro risks” such as negative...more

Brexit: Property investment commentary

by Dentons on

Does the fall in sterling present enhanced property investment opportunities for overseas investors? In short the answer is likely to be yes for those investors dealing in currencies that have strengthened against the...more

Supreme Court Rules that Citizenship of a Real Estate Investment Entity is Based on Citizenship of its Members, Which Includes...

by King & Spalding on

On March 7, 2016, the U.S. Supreme Court (the “Supreme Court”) ruled that the citizenship of a Real Estate Investment Entity (“REIT”), for purposes of federal diversity jurisdiction, is based on the citizenship of its...more

REITs Get Respect from the Market — a New Sector Home

Beginning in September 2016, publicly traded equity REITs (real estate investment trusts) and other listed real estate companies will get a new home in the S&P 500. They are moving out of the Financials Sector and into a...more

Waivers of Ownership Limitation Provisions in REIT Charters

by Goodwin on

I. Why Do REITs Have Ownership Limits in the First Place? - Ownership limitation provisions are designed primarily to protect one of a REIT’s most valuable assets – its status as a REIT under the federal income tax...more

Delaware Supreme Court Weighs In On “Direct v. Derivative” Question Certified By Second Circuit

In Citigroup Inc. v. AHW Investment Partnership, No. 641, 2015 (Del. May 24, 2016), the Delaware Supreme Court answered a certified question of law presented by the Second Circuit Court of Appeals allowing shareholders...more

An Englishman’s Home is His Castle – Just!

by Ropes & Gray LLP on

Since the Land Registration Act 1925 the register of land in England and Wales has been interested only in legal title. All this is set to change. The Prime Minister announced on 12 May 2016 that any foreign company looking...more

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