Alternative Capital

Over the last several decades, the federal government has made available to the business community various funding programs designed to spur economic growth across the country. Navigating these programs can be challenging, as they are typically subject to multiple federal agencies with differing jurisdictions. At CSG, we believe that clients who are eligible for this low-cost capital should be able to utilize it with confidence.

To this end, CSG deploys a multidisciplinary approach on matters involving alternative capital – striving to ensure that clients remain compliant with the myriad of regulations applicable to projects leveraging alternative capital sources.

While our experience with alternative capital programs is extensive and varied, CSG’s Alternative Capital Group primarily focuses on the following federal programs.

Immigrant Investor Program

The Immigrant Investor Program, more commonly known as the EB-5 program, was designed to stimulate the economy by providing foreign investors the opportunity to permanently live and work in the United States once they have made an investment in a new, job-creating commercial enterprise.

Pioneers in the area of EB-5 financing, our attorneys have counseled regional centers, real estate developers, franchisors and entrepreneurs raising capital through this unique program since 2010. We are experienced in offshore offerings ranging from “direct” $1 million raises up to complex $400 million “regional center” raises – and everything in between. In the aggregate, our attorneys have advised on more than $2 billion in capital raises via the EB-5 program, and successfully closed hundreds of EB-5 transactions.

Our EB-5 financing services include:

• Structuring EB-5 capital raises to ensure compliance and minimize disruption of existing financing strategies
• Drafting, negotiating and reviewing EB-5 offering documentation
• Securities and immigration law compliance, including:
  • Conducting compliance audits
  • Drafting compliance manuals
  • Staff compliance training
  • Agency site visit preparations 
• Counsel regarding EB-5 financing best practices
• Regional center representation, including sponsorship of third party projects
• Drafting, negotiating and reviewing foreign agent marketing agreements
• EB-5 franchise opportunities

Crowd Financing

Made available through the JOBS Act in 2012, crowd financing is the sale of equity directly to the public without first registering those securities with the Securities and Exchange Commission (SEC). Our attorneys are experienced with the three major crowd financing regulatory frameworks – Title II (Regulation D, Rule 506(c)), Title III (Regulation CF) and Title IV (Regulation A+) – and advise real estate developers and entrepreneurs on the benefits and drawbacks of each so that they may utilize that which best suits them and their business objectives. 

We also represent crowd financing platforms to ensure that they are compliant with applicable regulatory requirements. 

Qualified Opportunity Zone Funds

Established by the 2017 Tax Cuts and Jobs Act, the Federal Qualified Opportunity Zone Program is designed to promote and drive long-term investment in designated low-income areas.

To learn about CSG’s approach to representing clients utilizing this innovative program, click here