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We are UK based property investors. We intend to raise funds…

We are UK based property...
We are UK based property investors.
We intend to raise funds to invest abroad with a reputable former banker there.
What restrictions are there (if any) on us raising investment capital from other investors please?Many thanks.
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Answered in 2 days by:
10/15/2017
WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 4,173
Experience: Senior Associate at White & Case LLP
Verified

If you are raising funds for direct investment into property, then the only restriction is that you can not say anything false or misleading to induce the investor to send you money to put into the property.

On the other hand, if you are selling securities, i.e., shares in a fund that owns the property, then the fundraising would be governed by federal and state securities laws in the US. My suggestion is that you do not sell securities but direct investment into the properties and then you avoid the complex securities regulations.

Now, please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 4 months ago
Hello Wise Owl!Firstly, many thanks for your response.So, FCA (financial conduct authority uk) edicts such as PS13/3 do not apply as a "rule", only a guideline?
(Someone mentioned that this somehow affects ability to raise investment funds, but don't know any more details, unfortunately...)Many thanks so far.

That is correct. If you are not selling securities, but instead an interest in real estate, the FCA would not be applicable.

Now, please rate 4 or 5 stars and close out the question. Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Attorney
Category: Business Law
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