The landmark SEC changes to our securities regulations last week will have impacts that are felt for years to come in the capital markets. If you read the entire rule change (the first 194 pages of the 388-page release) you will find that Santa Claus may have come to town early this year and left some eyepopping presents for commercial real estate developers and other businesses.
Developers Never Had It This Good
The new rules and sweeping changes to the Regulation A, Regulation D and Regulation Crowdfunding (“CF”) registration-exempt offerings provides CRE developers with the opportunity to conduct, under defined rules and procedures, pre-offering solicitations, Demo Day presentations through a sponsor (we hope you think of us) and use the private placement offering exemptions to create incredible opportunities for projects and deals as early as pre-construction phase development (i.e.: practically at the business plan stage).
Speaking of Business Plans
Be sure to review the new rules and regulations with your legal advisors and business management and capital financing advisors before you charge off to do your next deal as that business plan may turn out to be the Grinch. The gift from the SEC doesn’t come without a price tag – you can’t go into the henhouse without the right documents, processes, filings and understanding of what will happen if you do or do not follow the new rules.
Santa Claus just may be a bit more than an old cat burglar in funny clothes who smells like reindeer, after all. Ho, Ho, Ho!!!