of investments and ensuring an alignment of interests
with all the pertinent stakeholders.
TO SUCCEED IN REDEPLOYING FUNDS
Having access to a pool of capital that needs to be
invested should not be viewed as a liability. Certainly,
there are new legal, management, administrative and
fiduciary concerns outside of the normal operations of a
regional center or a NCE that must be taken into account.
Given the unique requirements and timing concerns
reflected in EB-5 capital redeployments, working with
experienced legal counsel and intermediaries can help
NCEs and investors navigate the waters, potentially
lowering risk and finding options that match specific
needs.
As with all investments, redeployment is as much an art
as it is a science. Therefore, plan accordingly by getting
to know the products and players as well as mapping out
internal needs. With proper planning, consideration and
communication, the expectations of the stakeholders
could be met and the opportunities to generate additional
revenue in a risk-minimized fashion could similarly be
developed.
Phil Cohen
Phil Cohen is the president of
Strategic Element Inc., a company
fo c u s i n g o n d e ve l o p i n g E B - 5
business plans, economic impact
repor ts, feasibility studies and
redeployment consulting. Strategic Element has
been active in the EB-5 industry since 2010 and has
participated in the development of projects which
have raised over $3 billion in EB-5 capital. Cohen is
also the lead author of the EB-5 Definitive Guide.
Rohit Kapuria
Rohit Kapuria is an associate in
Arnstein & Lehr’s Chicago office
where he serves as a member of the
firm’s EB-5, Corporate Transactions
and Counselling, and Securities
Practice Groups. His practice focuses on corporate
and securities law in connection with mergers and
acquisitions, public and private offerings of securities
and SEC disclosure and corporate governance. He also
specializes in the EB-5 investor visa program. He has
worked on over 200 EB-5 transactions with a combined
capital development cost in excess of $5 billion.
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