Capital Formation and Securities.
We have substantial experience in capital formation and corporate finance, including assisting start-up companies with financing their initial stages, as well as helping emerging and more mature companies access capital for growth, intellectual property development, acquisitions and working capital. Jack Donenfeld has been a leader in structuring real estate securities that "make the numbers work" for real estate investors and entrepreneurs who now face greater challenges than ever in financing acquisitions, construction and development.
We distinguish ourselves from others by not only handling technical securities law compliance work at a competitive fee, but also by working closely with clients on financial projections and on developing their "investor packages" and materials to explain the securities offered to prospective investors in ways that are designed to increase the probability of success in selling the securities.
The primary focus of our securities practice is planning, structuring, negotiating, preparing and implementing private placements of client securities with individual and institutional investors, angels, venture capital and other funds. This includes identifying and perfecting exemptions from Federal and state registration requirements, preparing the offering memoranda and subscription documents and coordinating closings.
Read More..Corporate and Transaction-Oriented Business Law.
We practice corporate and transaction-oriented business law, which includes, among other matters, advising people about appropriate business structures for start-ups, corporation and limited liability company formation and governance, general business representation, negotiation and drafting of business agreements, buying and selling businesses, business succession planning, franchising and business opportunity transactions and project planning, both in the U.S. and in a growing number of other countries where we have developed strategic professional and business relationships. We pride ourselves on nurturing growing companies, guiding them from start-up through capital-raising stages to mature companies with solid enterprise values.
Read More..Real Estate Transactions, Project Planning and Finance.
We provide sophisticated counsel in real estate purchase and sale, leasing and other transactions, project planning and development, condominium organization, fractional ownership projects, private residence clubs and organizing group investments in real estate. We have experience with creative financing techniques and structuring real estate investment entities designed to attract equity capital, which may include numerous classes of investors and lenders with differing priorities, preferences and security for entity distributions and/or loan payments, as the case may be.
Read More..Wealth Preservation and Trust Planning.
Wealth Preservation and Trust Planning is usually lumped under the broad topic of estate planning. However, it’s now well-established that the foundation of every responsible estate plan is some form of trust arrangement that avoids lengthy probate, probate fees and taxes. It’s equally well-established that all so-called estate planning absolutely must consider the need to protect your assets, the assets you expect to receive by inheritance and the assets you expect to leave to your children and grandchildren. So, we prefer to describe our services as they really are: Wealth Preservation and Trust Planning.
Our experience in wealth preservation has led us to use two primary strategies, both of which are based on tried and true structuring and documentation techniques that have been “beefed up”, modernized and refined over the years with input from highly-respected colleagues nationally.
The first strategy is a multi-generational dynasty trust, which we think deserves consideration in almost every planning initiative. Substantial amounts of family wealth are too often unnecessarily and irretrievably eroded away because trusts are not being used with the frequency and duration that they should be used.
Most people should consider a trust an integral part of their planning because of the substantial benefits that it can provide without sacrificing flexibility or either their ability or their heirs’ ability to use and enjoy the trust property in a manner that is virtually the same as outright ownership.
A properly designed and implemented trust can provide substantial improvements for your heirs over outright ownership, including protecting trust assets from creditors and divorcing spouses and providing other benefits that your heirs are otherwise unable to create for themselves.
We will collaborate with you closely to ensure that your assets, both what you have now and what you build in the future, along with assets and wealth you may receive from parents and others, is passed on efficiently, privately and with as much protection as possible from creditors, divorcing spouses and inheritance taxes.
Read More..Another effective wealth preservation strategy, which provides substantial wealth preservation benefits, but doesn’t sidestep inheritance taxes, involves organizing a foreign limited liability company as a holding company for U.S. companies that own assets. Unless you make a voidable “fraudulent transfer” in connection with organizing the foreign company, the strategy can enable you to avoid U.S. court jurisdiction over the assets in the entity that would otherwise be vulnerable to claims against you.
We typically form the holding company in Nevis, a former British Commonwealth jurisdiction that has adopted the corporate and trust laws of Delaware as a way to encourage U.S. lawyers to form entities there. We also assist in implementing and maintaining he strategy through corporate service providers, registered agents and trust companies domiciled outside of the U.S.
For a list of our practice areas, click here..