News & Analysis as of

Limited Partnerships Real Estate Development

Stikeman Elliott LLP

Go-To: Dealer Business Trigger for Serial LP Issuers Clarified by Ontario’s Capital Markets Tribunal

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Under Canadian securities law, the requirement to register as a dealer is triggered by trading securities for a business purpose. One of the uncertainties under the “business trigger” test and associated guidance is whether...more

Hahn Loeser & Parks LLP

Using Private Capital for Commercial Real Estate Development

Hahn Loeser & Parks LLP on

The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation...more

Stikeman Elliott LLP

Ten LPs + 85 Investors Over Four Years = Unlicensed Trading Allegation from the OSC

Stikeman Elliott LLP on

One of the grey areas for real estate development, private equity and venture capital firms (“sponsors”) that serially launch new funds is how frequently a sponsor can come to market with a new fund offering without hitting...more

Farrell Fritz, P.C.

Summary Judgment in Lieu of Complaint Meets Business Divorce

Farrell Fritz, P.C. on

For most business divorce litigants, a dispositive win on the merits, even in a summary proceeding, can take years. Appraisal proceedings following a cash-out merger, for example, may involve multiple years of difficult...more

Winthrop & Weinstine, P.A.

10 Red Flags in LIHTC Deals - Attorney David Davenport identifies potential "red flags" in LIHTC project partnerships, and...

With the rapid increase of year-15 disputes and growing issues surrounding industry Aggregators, LIHTC developers should look out for the following “red flags” in their project partnerships — all of which are drawn from our...more

Winthrop & Weinstine, P.A.

LIHTC Year 15: Determining the Right Strategy

Attorney David Davenport explains the importance of a clearly defined Year 15 exit plan as part of a healthy foundation for an LIHTC project partnership. LIHTC (low-income housing tax credit) deals thrive on their win-win...more

Nexsen Pruet, PLLC

(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

Nexsen Pruet, PLLC on

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very...more

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