Hey everyone...looking for some advice on funding deals. We have a few projects in hand where we plan to develop on raw land. Our goal is to provide investors with a rate of return on their money while it's being worked, return the capital back to the investors upon a cash-out refinance at 80/20 LTV ratio (or as soon as we get to the 80/20 LTV) and also provide them with a small equity piece in each project in perpetuity. We plan to place each project into a separate LLC. I'd like to avoid starting a fund to avoid the SEC paperwork and regulations...my question is, what are our alternatives to this, based on the above compensation plan? Is it possible to have more than one individual investor in these types of deals without involving the SEC? Any advice, input, past experiences, etc. would be greatly appreciated!
Real Estate Broker · Salt Lake City & Oklahoma City · Member since 2018 · 3k+ posts · 2k+ votes
6y
Hi @Jake Mahaffey, welcome to Bigger Pockets forums and the great folks that populate it!
I think a simpler structure for this could be a achieved by forming an entity with the financial partners or establishing a Joint Venture agreement between your company and the co-venturers who you are partnering with here.
It would pay dividends to sit down with a skilled CPA and business attorney to chat through this idea. A group of LLCs seems like a good packaging for this setup to my ears, but a CPA and attorney might consider that folly.
It sounds like you've got exciting things in the works and I'm hopeful they help you achieve your goals, Jake!
Thanks for the feedback and the welcome, Will. We weren't sure if we should speak to a securities attorney, a general business attorney, a CPA, or what...maybe the answer is as you said to start with the CPA and go from there.
Attorney · Los Angeles, CA · Member since 2016 · 284 posts · 314 votes
6y
You definitely want to speak to a securities attorney about this. Unless all your investors are going to be active partners with you in the deal (as opposed to passive investors), this will be a security.