News & Analysis as of

Real Estate Investment Trust

OIRA Updates Unified Agenda for Spring 2018

by McGuireWoods LLP on

The Office of Information and Regulatory Affairs has updated its Unified Agenda of Regulatory and Deregulatory Actions for Spring 2018, providing a comprehensive look at the federal agencies’ rulemaking plans in the...more

Between a REOC and a hard place - real estate development company is not a REOC

A legal dispute involving an Arizona real estate development company has led to a rare court decision considering the “real estate operating company” (REOC) exception under the “plan asset” regulations of the Employee...more

REITs and the PRIIPs Regulation

by Goodwin on

The implementation of the “packaged retail insurance-based investment products,” or PRIIPs, regulation throughout the European Union may have implications for REITs in the United States if their shares are determined to be...more

Focus on ESG: What it Means for REITs

by King & Spalding on

Over the past 18 months, shareholder focus on environmental, social and governance issues - known collectively as “ESG” - has increased significantly. Once the target area of specialty investors, ESG issues are now a higher...more

Securities Regulators Find Gaps in Non-GAAP and Distribution Disclosures by REITs and REOCs

The Canadian Securities Administrators (CSA) recently issued Staff Notice 52-329 Distribution Disclosures and Non-GAAP Financial Measures in the Real Estate Industry (Staff Notice), providing guidance on disclosure...more

SEC Issues Guidance on Non-GAAP Financial Measures for Business Combination Transactions

by Morrison & Foerster LLP on

On April 4, 2018, the staff of the Division of Corporation Finance (the “Staff”) of the Securities and Exchange Commission (the “SEC”) published two new Compliance and Disclosure Interpretations (“New C&DIs”) on the use of...more

SEC Issues Guidance on Cybersecurity and its Interplay with Corporate Governance

by King & Spalding on

The Securities and Exchange Commission (SEC) recently published interpretive guidance on public company cybersecurity disclosures, including publicly traded real estate investment trusts. While the new guidance confirms the...more

Addressing Retail Flowback in Listing Transactions for Unlisted REITs

by King & Spalding on

Unlisted real estate investment trusts, or unlisted REITs, have enjoyed tremendous success raising and deploying capital into real estate investments. Unlisted REITs raise capital through public offerings and make filings...more

The Urge to Merge

by Dechert LLP on

Will 2018 be the Year of Concentration across our market? “The Urge to Merge” was the title of a January 2, 2007 Economist article. It resonates today. The cover photo was two camels copulating, which some of the Economist...more

Practical Insights on Tax Reform: Impact on the Real Estate Industry

On December 22, 2017, President Trump signed into law legislation, known as the Tax Cuts and Jobs Act (“TCJA”), which is the most extensive overhaul of the United States of the Internal Revenue Code (the “Code”) in 30 years....more

Less Form, More Substance: The SEC Staff’s Recent Functional Approach to Section 3(c)(5)(C)

by K&L Gates LLP on

The staff of the Securities and Exchange Commission (“SEC”), in recognition of the evolution of the real estate business over the past 70 years, has been incrementally expanding the scope of a “qualifying asset” for purposes...more

Key Investment Themes in UAE Real Estate & Real Estate Finance Markets

by White & Case LLP on

The end of 2017 proved to be very busy in UAE real estate and real estate finance markets. Here we put the spotlight on 3 key investment themes that characterised those markets in 2017. We also look forward to some of the...more

Impact of the Tax Cuts and Jobs Act on the Real Estate Industry

by Shearman & Sterling LLP on

On December 22, 2017, H.R.1, commonly referred to as the Tax Cuts and Jobs Act (“Tax Act”) was signed into law. The Tax Act made the most significant changes to the U.S. tax code since 1986, and will have an effect on...more

Tax Legislation Enacted – Impact on REITs

Recent tax legislation, informally known as the Tax Cuts and Jobs Act (the “Act”), will have a widespread impact on individuals and corporations, including real estate investment trusts (“REITs”) and their shareholders. In...more

An Important Reminder About Concentration Limits: How Much is Too Much?

by Reminger Co., LPA on

If you work with clients in the State of Ohio, it is important to be mindful of concentration limits placed on the recommendations of direct placement programs (DPPs), such as non-traded real estate investment trusts...more

Bracewell Tax Report: February 2018

by Bracewell LLP on

The Tax Cuts and Jobs Act (TCJA) effected sweeping reform across the Internal Revenue Code. This report, and future installments, will discuss this legislation and other important tax guidance, including how such authorities...more

MoFo's Quick Guide to: REIT IPOs - February 2018

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

SEC Grants Principles-Based Section 3(c)(5)(C) Relief

On February 12, 2018, in no-action relief granted to a mortgage REIT, the Staff of the SEC acknowledged that the real estate finance business has evolved substantially since the enactment of the Investment Company Act, with...more

Private Company Tax Planning Opportunities for 2018

by Perkins Coie on

The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) and the recent taxpayer victory in the U.S. Tax Court’s Lender Management, LLC decision have created important planning opportunities for both our closely held and...more

Impact of 2017 Tax Act on Real Estate Activities

by Sullivan & Worcester on

The first, global observation to share is that the real estate industry dodged a lot of potential bullets during the tax reform process and came out smelling like roses – indeed, actually came out ahead, overall, under the...more

Tax Reform: Key Considerations for Real Estate Investment Trusts

by Morrison & Foerster LLP on

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the "Act") into law. Although the individual and collective impact of the Act may not be evident for some time, the Act is generally viewed by the real...more

New Tax Bill May Require Real Estate Professionals to Rethink Long-Held Tax Truths

by Cozen O'Connor on

Some practitioners view the changes in the Tax Cuts and Jobs Act (the Act) as a net plus for the real estate industry given that: (i) the ability of real estate owners to complete Code Sec. 1031(a) exchanges was retained;...more

Potential SEC Shutdown Impact on Capital Markets Transactions and Public Companies - Frequently Asked Questions

by Morrison & Foerster LLP on

On Friday, January 19, 2018, the Securities and Exchange Commission (“SEC”) announced that “should there be a federal government shutdown after January 19, the SEC will remain open for a limited number of days, fully staffed...more

Impact of the New Tax Reform Legislation on the Real Estate Industry

by King & Spalding on

On December 22, the President signed the Tax Cuts and Jobs Act (“TCJA”) into law. TCJA changes the taxation of individuals and businesses in many ways. While there are still many open questions to be addressed by technical...more

Middle District Of Tennessee Denies Motion To Dismiss Securities Claims Asserted Against Operator Of Private Prisons

by Shearman & Sterling LLP on

On December 18, 2017, Judge Aleta A. Trauger of the United States District Court for the Middle District of Tennessee denied a motion to dismiss a putative class action under Section 10(b) of the Securities Exchange Act of...more

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