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Real Estate Fund Formation

Whether you are a first-time sponsor of a fund or preparing for a follow-on fund offering, the legal, tax and accounting issues associated with forming a real estate fund are intricate and complex. Concerns about raising capital, positioning your fund to attract investors, and handling the critical issues surrounding the structure of your fund are increasingly challenging.

Nutter is uniquely positioned to provide sophisticated counsel and pragmatic solutions for your fund’s investment, fundraising, governance and compliance activities. Our multi-service practice will provide your fund with maximum investment flexibility designed to enhance your unique opportunity - from initial investment to operations and compliance to fund liquidation and exit.

Our specialized Real Estate Fund practice counsels and advises clients in all aspects of the formation, fundraising and ongoing representation of private and public real estate funds. Our expertise covers domestic and international real estate investments, from office and industrial properties to retail centers and apartment buildings, to equity interests in real estate opportunity funds, real estate operating companies and REITs. Working closely with first-time and seasoned investors, real estate professionals and fund managers, we guide our clients through the varied mix of legal and strategic challenges they confront when forming their real estate funds.

With extensive experience drafting limited partnership and operating agreements, counseling investors in capital raising efforts, preparing private placement memoranda, and complying with SEC registration and reporting, tax and ERISA requirements, we help our clients understand the various alternative structures available when forming a real estate fund and the opportunities and challenges associated with marketing and operating their fund. This experience enables us to develop a unique approach to meet each client’s strategic objectives, while designing the most advantageous structure to further each fund’s investment goals.

We work closely with Nutter’s tax, regulatory and ERISA attorneys, as well as our real estate and environmental attorneys, who have a nationally-recognized practice involving the acquisition, development, financing and operation of commercial real estate, as well as zoning, permitting, land use, environmental and hazardous waste matters. 

Consistent with Nutter’s philosophy, the experience of our practice’s carefully chosen multi-disciplinary team gives us the agility and capability to meet your fund’s needs thoroughly and efficiently.

Chair: Paul R. Eklund