Traditional Bank Financing:

• Bank Loans
• U.S. Public Programs & Grants: SBA, HUD
• EDC / CDC Economic Development Assistance

Non-traditional Equity:

• Venture Capital, Private Equity
• EB-5 Immigrant Investor Visa Program
• Non-EB-5 Foreign Direct Investment / Foreign Capital (Equity)
• Foreign Debt

This panel will discuss the realities of bringing an EB-5 offering from formation, through USCIS designation and then to market.  It will offer participants "hands on" advice on how to spot and deal with the following issues: 

• Choosing your EB-5 Team
• Common mistakes in SEC offering documents
• Material Changes and the Impact on the Immigration Filings
• Rights of Rescission
• Use of Internet Marketing
• Broker/ Dealer Issues
• Working with overseas marketing agents
• Investor Screening and Due Diligence
  

 Lunch hosted by NES Financial: Escrow Administration Solutions, EB-5 Investment Escrows

NES Financial (NESF) Escrow Administration Solutions provide Regional Centers and their clients with comprehensive, customizable, and fully compliant third party administration solutions for EB-5 transactions.

 A discussion of the EB-5 and FDI funding

 This is a discussion of securities laws and finders fees.  What does the law say regarding who you can and cannot pay and how the distribution, solicitation and marketing of the offering must go in order to satisfy U.S. securities laws, as well as those of the country in which the offering will be made.  Finder's fees and payments to non-registered U.S. persons, the Broomberg Mackey Wall denial of no-action letter and other issues pertaining to the exemption of a Reg. D & S security and avoiding potential violations of solicitation or general advertising. 

Steve Lux, Managing Director of Stonehenge Growth Capital will discuss financing of early to late stage businesses through Venture Capital, Private Equity and Mezzanine debt financing. 

 Dinner

We are hosting a friendly Volleyball Tournament at the Orlando Magic Sportscomplex and Training Facility.  More than just a gym, RDV offers the Central Florida community a complete fitness experience. The athletic club features over 450 pieces of strength and cardiovascular equipment, over 550 Group Membership classes and various adult and youth sports classes, leagues and programs.  Facilities include basketball and tennis courts, an Olympic-sized swimming pool, and a children's center. You can relieve stress in one of our complimentary group classes in spinning, yoga, kickboxing and more! We also offer world class fitness training with personal trainers that are highly experienced, knowledgeable and friendly.

So come take a break from the Workshop get a workout or relax in the hot tub and join us for a fun & energetic evening out!

Sam Snead’s Taverns are part of a fine family of restaurants that specialize in great food and quality service. The menu provides fresh entrées of Certified Angus Beef, Chicken and Seafood, not to mention a wide variety of soups, salads and fresh homemade desserts.

Like every Sam Snead’s Tavern, our Orlando location is decorated with unique golf memorabilia. For each Tavern the Snead Family handpicks and places each piece of memorabilia to ensure authenticity and quality. This care is essential to the unique atmosphere created which highlights the illustrious career of the golfing legend Sam Snead.

Come in and roam from room to room, savoring the rich wood decor and all the memorabilia collected by Sam himself as he made his way into golf history, including photos with Tiger Woods, Bing Crosby, Bobby Jones, Ben Hogan, Andy Griffiths, Jackie Gleason and President George Bush.

Note: This event is not covered under the Seminar registration and is A la Carte.

Day 2: Wednesday March 7, 2012

Economic job creation is the cornerstone of the EB-5 Immigrant Investor program; the approvals of Regional Centers as well as I-526 and I-829 petitions are predicated on the fundamental task of job creation.  In this presentation Dr. Scott Barnhart, Associate Professor of Finance at Florida Atlantic University and founder and principal of Barnhart Economic Services, LLC, discusses the fundamental concepts of regional economics as it pertains to job creation in the EB-5 program. 

Topics outlined in this presentation include: what is needed in every Regional Center application with respect to the job creation report, what variables are used as inputs to the job creation study, what regional employment multipliers are and what they mean, examples of multipliers commonly used in EB-5 Regional Center projects, common issues raised in RFE’s with respect to job creation, TEAs and an example of the “gerrymandering” of census tracts, advantages of Regional Centers, common myths encountered about economic job creation methods and an example of what the client needs to provide the economist to commission a job creation study.

James Goldsmith and Clem Turner will discuss Reg S, Reg D, other relevant securities issues and the "private placement memorandum" process.  Tom Raleigh will discuss the structure of the legal entities that are involved in the capital raise for EB-5 projects and corporate law and governance issues generally.

Steve Polivy will discuss structuring the real estate investment and integrating the timing issues of EB-5 with the requirements of a real estate financing.  Barbara Ruiz Gonzalez will discuss US taxation of various legal entities and of the foreign investors in EB5 projects, including timing and reporting obligations applicable to foreign investors.

Lunch

This discussion will be beneficial to USCIS-approved EB-5 Regional Centers, Regional Center applicants, project developers, business owners and key executives, and registered foreign and U.S. securities representatives. This panel will discuss the benefit and importance of using an SEC registered Broker Dealer firm to assist in the solicitation, distribution and successful placement of U.S. non-registered securities offerings, and for the direct payment of fees to finders and agents. This applies to traditional private equity placements as well as EB-5 funding.

The panel will also discuss the methodical and proven processes and resources Broker-Dealers use to assist the principals and senior executives of these entities in their efforts to access U.S. and international capital markets to successfully fund their project offerings, and ensure the entire transaction is completed in compliance with U.S. securities laws and guidelines, especially transaction solicitation and payment of agent referral fees.

Alan Pasternack of Kantor Taylor Nelson Boyd & Evatt will discuss New Markets Tax Credits (NMTC) and Historic Rehabilitation Tax Credits (HTC) and how they can be used as part of the Capital Stack in U.S. project financing. Topics include:

--Intro to the NMTC Program
--NMTC terminology: The “Q” words
--Technical Requirements
--Recapture Risk
--Transaction Structures
--Year 7 and the unwind
--HTC basics and qualification requirements
--Qualifying Expenditures
--Tax issues: allocations, basis reduction, recapture
--Transaction Structures

David Souders will provide a presentation which will identify risks related to a capital raise and your options for mitigating these risks. David will begin with an overview of the various liability risks he and his underwriters have identified in regards to general capital raise activities and more specifically, raising capital through the EB5 program. He will then highlight various ways to minimize these risks by means of avoidance and by transfer to other parties involved in the capital raise.

Finally, David will discuss specialty insurance products designed for those who raise capital via a private offering.  His discussion will include clarification as to what liability risks are insurable vs. uninsurable; as well as the specific coverage features a policy must have in order to properly protect your company.

 Hear from Regional Center operators and project managers about their experiences in running an EB-5 Regional Center, putting together offerings, marketing to overseas investors and working with agents and finders.  Also, how to construct Master Agent Agreements and payments to overseas agents and finders.  What typical compensation is and a discussion of how to negotiate with overseas migration agents. 

Akerman serves clients throughout the United States and overseas from Florida, New York, Washington, D.C., California, Colorado, Virginia, Nevada, Utah, and Texas. We are ranked among the top 100 law firms in the U.S. by The National Law Journal NLJ 250 (2011) in number of lawyers and we are the largest firm in Florida.

Our team has been recognized by Chambers USA and other industry publications for its market leading practices in the areas of corporate, banking, finance, bankruptcy, litigation, real estate, environmental, insurance, healthcare, taxation, and labor & employment.