Jun 24 2024 7 mins 1
When it comes to accredited investors, there are frequently asked questions that need clarifying. An accredited investor generally meets either an income or wealth test. They make over $200,000 annually for the past two years or have $1 million of net wealth excluding their family home equity. Here are four common queries:
1. If you're a syndication sponsor and not an accredited investor, can you still invest? The answer is yes. As a sponsor, you're considered an accredited investor under Rule 501 A.
2. Can an LLC invest? Yes, under two conditions. If all equity owners are accredited investors (Rule 501, subsection 8) or if the entity wasn't formed specifically for acquiring your offering and it has investments exceeding $5 million (Rule 501, subsection 9).
3. Can a group of accredited and non-accredited investors form an LLC to invest in a 506c? The answer is no as they are not all accredited investors and likely don't have over $5 million of net assets. However, in a 506b offering, it is possible but non-accredited investors are counted against the 35 non-accredited investor limit.
4. Can certified financial planners invest due to their credentials? Sometimes, they can. The SEC has approved certain licenses: series 7 (broker-dealer), series 65 (investment advisor representative), and series 82 (private securities seller). These license holders are considered accredited investors.
Read more about raising capital - Finding Investors for Real Estate Syndication and Private Equity Funds: https://www.moschettilaw.com/finding-investors-for-real-estate-syndication-and-private-equity-funds/
Read more about PPMs - What Is In A Private Placement Memorandum?: https://www.moschettilaw.com/private-placement-memorandum-attorney/
Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).
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