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Real Estate Investments Foreign Investment

Arnall Golden Gregory LLP

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury...more

Manatt, Phelps & Phillips, LLP

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8. The rule seeks to expand the jurisdiction that the Committee on Foreign Investment...more

Jones Day

Treasury Proposes Expansion of CFIUS Real Estate Review Authority

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On July 8, 2024, the U.S. Department of the Treasury ("Treasury") issued a proposed rule to expand the Committee on Foreign Investment in the United States' ("CFIUS") jurisdiction over certain categories of foreign investment...more

Rivkin Radler LLP

Swapping Foreign Real Properties On a Tax Deferred Basis

Rivkin Radler LLP on

Over the last couple of years, several of my friends have become citizens of the country from which their parents emigrated to the U.S. Also during that period, some acquaintances took advantage of the so-called “golden...more

Akerman LLP

Treasury Proposes Expansion of CFIUS Real Estate Jurisdiction

Akerman LLP on

On July 19, 2024, the U.S. Department of the Treasury (Treasury) published a Notice of Proposed Rulemaking (NPRM) that seeks to expand the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction over real...more

Dechert LLP

New Proposed Rule Highlights Recent National Security-Related Scrutiny of Foreign Investment in Real Estate

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The U.S. Department of the Treasury (“Treasury”), the Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), has released a Notice of Proposed Rulemaking (“NPRM”) to expand CFIUS’...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS Proposes Expanded Real Estate Jurisdiction

On July 8, 2024, the U.S. Department of the Treasury (Treasury) issued a Notice of Proposed Rulemaking (NPRM) which, if implemented, would expand the U.S. geographical areas in which the Committee on Foreign Investment in the...more

Davies Ward Phillips & Vineberg LLP

IRS Relaxes Rules for Domestically Controlled REITs

Non-U.S. investors are generally subject to U.S. federal income tax on gains from investments in private U.S. real estate investment trusts (REITs). Two exceptions (among others) are for investments in “domestically...more

Cadwalader, Wickersham & Taft LLP

After Referral from CFIUS President Biden Prohibits the Purchase of Wyoming Real Estate and Cryptocurrency Facility

On May 13, 2024, President Biden, acting on a transaction referred to him from the Committee on Foreign Investment in the United States (“CFIUS”), took the unusual step of ordering the prohibition of a real estate acquisition...more

Dechert LLP

Biden Administration Unwinds Chinese Real Estate Investment Near Military Base

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The Biden Administration recently issued a historic Executive Order (the “Order,” available here) unwinding the purchase by an entity backed by Chinese nationals of U.S. real estate in close proximity to a strategic missile...more

Skadden, Arps, Slate, Meagher & Flom LLP

Final ‘Domestically Controlled REIT’ Regulations Retain Corporate Look-Through With Some Modifications

On April 24, 2024, the Treasury Department released final regulations that alter key rules affecting many real estate funds and foreign investors in U.S. real estate....more

Oberheiden P.C.

CFIUS Compliance Tips for 2024

Oberheiden P.C. on

The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that reviews foreign investments in U.S. businesses and real estate assets. The primary purpose of a CFIUS review is to examine any...more

BCLP

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

BCLP on

Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

International Lawyers Network

Buying and Selling Real Estate in Turkey (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER TURKISH LAW - 1. Agreement Types - Pursuant to Turkish laws, a real estate sale and purchase agreement shall be in an official form and the transfer of ownership of real...more

International Lawyers Network

Buying and Selling Real Estate in Spain

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SPANISH LAW - I. Procedure of a real estate transaction - 1. Formal procedure of a real estate transaction in Spain starting from the signing of the purchase agreement...more

Mayer Brown

US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring...

Mayer Brown on

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which...more

Bilzin Sumberg

Court Ruling Leaves Florida Law Restricting Foreign Ownership of Real Property Enforceable for All But Two

Bilzin Sumberg on

On February 1, 2024, the United States Court of Appeals for the Eleventh Circuit partially granted the plaintiffs/appellants’ motion for an injunction pending appeal in Shen v. Simpson, No. 4:23-cv-208-AW-MAF (N.D. Fla....more

International Lawyers Network

Buying and Selling Real Estate in Portugal (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more

International Lawyers Network

Buying and Selling Real Estate in Mexico (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MEXICAN LAW - I. Real Estate General Overview - The real estate business in Mexico has been increasingly growing during the last decades to the point that now it is considered...more

Womble Bond Dickinson

2023 Foreign Direct Investment Year End Update: Continued Expansion of FDI Regulations

Womble Bond Dickinson on

As previously reported, regulations and restrictions on Foreign Direct Investment (“FDI”) have expanded quickly in the United States and in many of its trading partner countries around the world. FDI has been further...more

BCLP

Insight Report 4 - Benchmarking and Best Practice

BCLP on

Our study helped us to identify three key dimensions of sustainability-focused real estate investment that enable us to compare different regions and their progress towards greener portfolios....more

International Lawyers Network

Buying and Selling Real Estate in Costa Rica (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COSTA RICAN LAW - General - Real estate law in Costa Rica is governed by the principles established in the Costa Rican Civil Code for acquiring, selling, and disposing of ...more

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