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Syndication is the process of pooling capital from multiple qualified investors to purchase larger and potentially more profitable commercial real estate projects.  It allows investors to share, and spread, both the risks and the rewards (profits).

This provides a savvy investor the opportunity to become part of a income producing property that may be too large to handle individually, from either a financial or risk position.  These investments are secured by tangible assets and provide added security for most property investors. In many cases, this may offer the individual investor an opportunity to achieve better profits with lower risk than doing it on his/her own.

Most legal structures of syndication are a Limited Liability Company (LLC) or Tenants in Common (TIC), which offer the financial rewards of individual ownership without the burden of management responsibilities.  Both structures have their nuances and should be tailored carefully for the subject property, and for the investors.

Conser Commercial is well positioned to provide individual investors the advantages that group syndication offers.

Under the Securities Act of 1933, a company that offers or sells its securities must register the securities with the SEC or find an exemption from the registration requirements. The Act provides companies with a number of exemptions. For some of the exemptions, such as rules 505 and 506 ofRegulation D , a company may sell its securities to what are known as “accredited investors.”

What is an “accredited investor?”

The federal securities laws define the term accredited investor in Rule 501 of Regulation D as:

  1. a bank, insurance company, registered investment company, business development company, or small business investment company;
  2. an employee benefit plan, within the meaning of the Employee Retirement Income Security Act, if a bank, insurance company, or registered investment adviser makes the investment decisions, or if the plan has total assets in excess of $5 million;
  3. a charitable organization, corporation, or partnership with assets exceeding $5 million;
  4. a director, executive officer, or general partner of the company selling the securities;
  5. a business in which all the equity owners are accredited investors;
  6. a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million at the time of the purchase, excluding the value of the primary residence of such person;
  7. a natural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year; or
  8. a trust with assets in excess of $5 million, not formed to acquire the securities offered, whose purchases a sophisticated person makes.




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