Shams Merchant is an award-winning commercial real estate, private equity and syndication attorney in Dallas and Fort Worth, Texas. He represents clients in real estate transactions, syndications, fund formations, securities law, and private placements for commercial real estate investment and development projects.

Shams Merchant is the Managing Partner at Dallas-Fort Worth Real Estate Securities and SEC Law Firm for Real Estate Syndications and Private Equity Funds

Shams Merchant focuses on commercial real estate and securities law for the real estate private equity industry. His practice is based in Dallas, Texas but is national in scope. He also services out of state-based syndicators and fund managers. Shams understands the nuances of forming and managing private equity funds for real estate projects of all sizes and complexities. He 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 Texas, including for projects in Dallas, Fort Worth, Houston, San Antonio and Austin, and nationwide.

Dallas-Fort Worth Real Estate Private Equity Lawyer and Attorney

Shams is known by his clients and the real estate community in Dallas-Fort Worth as the “go-to” commercial real estate attorney and private equity lawyer for the formation of 506(b) and 506(c) funds and syndications. Shams has represented new real estate private equity firms and syndicators and large existing funds in Texas and has 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 securities offering process and compliance with the federal and state filing requirements including blue-sky laws.

Start-to-Finish Representation for Fund Formation, Syndications, Capital Raising & Real Estate Law Services

Unlike other attorneys, Shams provides start-to-finish representation for real estate private equity firms in Dallas 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.

Dallas, Texas Fund Formation and Syndication Legal Services

Recognized in Dallas by his clients and featured in many industry publications as a real estate syndication and fund formation attorney, Shams generally provide the following syndication legal services cost-effectively, with timely service, and structures and drafts institutional-quality PPM and company agreement documents, including the following:

  • 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)
  • 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 structures and forms real estate syndication and real estate investment fund in Dallas, including the following:

  • Real Estate Syndications
  • Real Estate Funds
  • 506(b) and 506(c) Offerings
  • Real Estate Private Equity Funds
  • Real Estate Joint-Ventures
  • Blind Pool Funds
  • Fund of 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
  • Deal structuring legal 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
  • Promissory Notes (Fractional, Shared Appreciation, Straight Interest Notes)

As an active Dallas real estate private equity & fund formation lawyer, 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.

Dallas, Texas Fund Formations and Syndications Legal Fees

Shams’ legal fees for real estate fund formations and syndications in Texas and particularly in Dallas-Fort Worth are based on a flat fee, which includes start-to-finish representation and starts at $10,000 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 competitive legal fees for real estate syndications and fund formations in Dallas.

About Real Estate Private Equity Attorney Shams Merchant

With experience working on award-winning ULI real estate projects and over $3.7 billion in commercial real estate and private equity transactions, Shams is known by his clients as a trusted commercial real estate real estate private equity attorney, 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 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 Texas commercial real estate law and a big proponent on helping clients reduce their legal fees, Shams was featured in the Houston Business Journal, Dallas 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 Dallas real estate fund formation and syndication law practice, please contact Shams Merchant via email at shams@cre.law or by phone at (832) 451-2594.

Texas