Skilled Real Estate Syndication, Fund Formation, Private Placement, and Securities Attorney in Carlsbad, California

Carlsbad, California, is a beautiful coastal city located in San Diego County, known for its stunning beaches, mild climate, and family-friendly atmosphere. Often referred to as the “Village by the Sea,” Carlsbad boasts a mix of scenic parks, world-class golf courses, and thriving businesses, making it a desirable place to live and work. The city offers a variety of real estate options, from charming cottages to luxurious oceanfront properties, attracting both families and investors alike.

When diving into real estate syndication in Carlsbad, hiring a certified real estate syndication attorney is a smart decision. Shams Merchant is a specialized Carlsbad real estate syndication attorney who brings expertise in structuring complex investment deals, ensuring compliance with securities laws, and protecting your interests. He helps navigate legal hurdles, minimizes risks, and ensures the partnership is set up correctly from the start. He is a certified real estate fund formation attorney in Carlsbad who can also handle contract negotiations and provide valuable tax insights, ensuring a smoother and more profitable investment experience.

Shams Merchant is a Partner at The Top-Ranked Carlsbad Real Estate Securities and SEC Law Firm for Real Estate Syndications and Private Equity Funds

Shams Merchant exclusively focuses on securities law for the real estate private equity industry. His practice is based in Carlsbad, California but is national in scope. He also services many out of state-based funds. Shams understands the nuances of forming and managing private equity funds for real estate projects of all sizes and complexities. He routinely forms new real estate syndications and funds for the acquisition and development of retail, multi-family, industrial, office, mixed-use, build-to-rent, and student housing projects across California, including many projects in Carlsbad, San Francisco, Los Angeles, San Diego, San Jose, and Sacramento, and nationwide.

Industry-Leading Carlsbad Real Estate Private Equity Lawyer

Shams is known by his clients and the real estate community in Carlsbad as the “go-to” real estate private equity lawyer for the formation of 506(b) and 506(c) funds and syndications, which Shams is the leading expert in. Shams represents new real estate private equity firms and some of the largest existing funds in California and has deep experience structuring and drafting all fund formation and syndication documents, including public and private offering documents (private placement memoranda, subscription agreements, and operating agreements) for commercial real estate syndications and private equity funds for the acquisition of apartment buildings, retail centers, office buildings, industrial and warehouses, portfolios, and distressed assets, and navigating and counseling on offering process and compliance with the federal and state filing requirements including blue-sky laws.

Start-to-Finish Representation for Fund Formation, Real Estate Law and Title, Escrow & Closing Services

Unlike other attorneys, Shams provides start-to-finish representation for real estate private equity firms in Carlsbad and their sponsors on all of their real estate projects. He represents individual investors, private investment funds, capital raisers, sponsors, and general partners, from start to finish in their fundraising and commercial real estate investment and development projects. Moreover, as a commercial real estate attorney, Shams further represents those same clients in the acquisition, disposition, development, management, and leasing of their commercial real estate investments, providing a one-stop-shop experience. Shams also works with an affiliated title company to close commercial real estate transactions for his clients in Carlsbad and across California, providing a seamless start-to-finish experience.

Carlsbad, California Fund Formation and Syndication Legal Services

Recognized in Carlsbad as the top-ranked real estate syndication and fund formation attorney, Shams generally provide the following syndication legal services cost-effectively, with timely service, and using industry-leading PPM and company agreement documents:

  • Drafting public and private offering documents (private placement memoranda, subscription agreements, and operating agreements) for commercial real estate syndications and real estate private equity firms for the acquisition of apartment buildings, retail centers, office buildings, industrial and warehouses, portfolios, and distressed assets.
  • Navigating and counseling on offering process and compliance with the federal and state filing requirements including blue-sky laws.
  • Compliance with the 1934 Act reporting and ongoing disclosure matters.
  • Formation and structuring of GP/Manager entities (LLC)
  • Formation and structuring of Fund entity (LLC or LP) (per CPA guidance)
  • Governing Documents
    • Company (Fund) Agreement/Partnership Agreement
    • GP/Manager Company Agreement/Sponsor Company Agreement
    • SPV Company Agreement
  • Unanimous Written Consent
  • Investor Offering Documents
    • Subscription Agreement
    • Investor Suitability Questionnaire
    • Private Placement Memorandum (PPM)
  • Securities Compliance
    • Securities Act of 1933 Counsel
      • SEC Form D Filings
      • R.506(b/c) counsel
  • State securities BlueSky notice filings counsel
  • Investment Company Act Counsel
    • 3(c)(5) Exemption
  • Syndication or Fund Marketing Compliance Review; Audits
  • Syndication or Fund Pitch Deck legal disclaimer assistance
  • Assist fund administrator in signature audits for complex issues, if necessary.

Additionally, Shams has successfully formed and structured virtually every type of real estate syndication and real estate investment fund in Carlsbad, including the following:

  • Real Estate Syndications
  • Real Estate Funds
  • 506(b) and 506(c) Offerings
  • Regulation A Offerings
  • Real Estate Private Equity Funds
  • Real Estate Joint-Ventures
  • Blind Pool Funds
  • Fund of Funds
  • Hedge Funds
  • Debt and Lender Funds
  • Primate Placement Memorandums
  • Specified Offerings
  • SEC and Blue-Sky Filings
  • Subscription Agreements
  • Legal entity formation (LLCs, Limited Partnerships)
  • LLC Operating Agreements
  • Limited Partnership Agreements
  • Joint Venture Agreements
  • Sponsor Operating Agreements
  • Expert deal structuring advice
  • Lump sum and flat fee or fixed fee legal fees
  • Joint Venture representation between Private Equity Funds/Family Offices
  • Tenant in Common Agreements for 1031 Exchanges
  • Non-disclosure and Non-Compete Agreements
  • Promissory Notes (Fractional, Shared Appreciation, Straight Interest Notes)
  • Carlsbad Capital Raising Help by Distributing Syndications and Funds to MW Law’s LP and Family Office Network

As the most active Carlsbad real estate private equity & fund formation lawyer in the industry, Shams uniquely understand the full landscape of real estate private equity funds and how to cost-effectively form and manage real estate private equity funds for clients big and small.

Carlsbad, California Fund Formations and Syndications Legal Fees

Shams’ legal fees for real estate fund formations and syndications in California and particularly in Carlsbad are based on a flat fee, which includes start-to-finish representation and starts at $15,000 for straightforward Reg D. 506(b) and 506(c) offerings and increases in price depending on the size and complexity of the fund or syndication, the experience of the sponsor and various other factors. Shams provides the most competitive legal fees for real estate syndications and fund formations in Carlsbad, and handles more syndications and funds than any other lawyer in Carlsbad.

About Real Estate Private Equity Attorney Shams Merchant

With experience working on more award-winning ULI real estate projects than any other real estate attorney under the age of 35 and over $3.2 billion in transactions, Shams is a leader in California commercial real estate real estate private equity, representing clients nationwide on the syndication, fund formation, purchase, sale, development, leasing and financing of commercial real estate projects between $1 to $250 million, including retail, mixed-use, office, industrial, hospitality, restaurant & bars, and multi-family. Shams also represents clients in joint-ventures, business structuring, entity formation, and fund formations (including 506(c) and 506(b) offerings). Shams is also one of the few attorneys in California with in-depth experience in real estate disputes and litigation, including breach of real estate contracts, breach of leases, CAM calculations and other complex leasing disputes, brokerage commission disputes, property tax litigation, disputes between partners and shareholders, deed restriction disputes, real estate fraud and title and boundary disputes. Shams believes access to sophisticated and responsive counsel should not cost a premium. With that in mind, Shams provides a cost-effective and value-added service to his clients, whether they are new to the real estate or private equity business or a seasoned player. In furtherance of that principle, Shams proactively provides his clients with new ways to track and quantify value, from using technology to improve service delivery to offering bespoke alternative fee arrangements. By working with his clients to reduce their legal spend, Shams has helped his clients increase their ROI on real estate projects and the overall profitability of their businesses. As an authority in California commercial real estate law and a big proponent on helping clients reduce their legal fees, Shams was recently featured in the Houston Business Journal, Carlsbad Business Journal, and The Real Deal for his work. His projects and clients have also been featured on numerous regional and national industry publications.

For more information on Shams Merchant’s Carlsbad real estate fund formation and syndication law practice, please contact Shams Merchant via email at shams@mwfirm.com or by phone at (832) 451-2594.