Immigration & Securities Issues with Renting, Buying & Selling an EB-5 Visa Regional Center
This webinar will cover issues and topics related to buying and selling an EB-5 Regional Center such as:
- Current procedures for notifying USCIS regarding changes in structures or management.
- Proposed statutory changes.
- Due diligence steps when purchasing or renting a Regional Center
- Immigration lawyer’s role in a purchase or rent transaction.
- Key provisions in purchase or rent transactions.
M&A general concepts
- Stock vs asset sale (but….will USCIS allow asset sale?)
- Basic concepts of M&A transactions
- Diligence considerations
- EB-5 considerations (this is for Bernie to jump in)
- Exclusive service agreement?
Regional Center Rental Models:
- RC as a lender
- RC as only a servicing provider (extent of services may vary)
RC perspective:
- Reputational risk of project
- Liability for issuer/project, especially under possible new “Integrity” measures
- Need timely info and details from project
- Scope of services & milestones & duration of contract
- B/D & I/A & similar issues
Project perspective:
- Reputational risk of RC
- Investor repositioned into other RC deals
- Need RC to timely report and carry out RC duties
- RC may request broad powers similar to those commonly given to lenders
- Scope of services & milestones & duration of contract
- B/D & I/A & similar issues
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