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Shams Merchant is a real estate syndication attorney in Austin, Texas, focusing on real estate syndications, fund formations, securities law, and private placements for commercial property investments and development. Recognized by his clients as a legal authority in Texas commercial real estate investment and private equity law, Shams has been featured in publications like Law360, the Austin Business Journal, BisNow, and The Real Deal. As a commercial real estate attorney in Austin, Texas, Shams has overseen transactions worth hundreds of millions of dollars as well as worked with clients on resolving commercial disputes. He has represented clients in many ULI award-winning real estate projects in Texas.
Shams Merchant is the Managing Partner at Austin Real Estate Securities and SEC Law Firm for Syndications and Real Estate Funds
Shams Merchant focuses in real estate securities law within the real estate private equity sector. Although his practice is headquartered in Dallas, Texas, he serves clients in Austin, Texas and nationwide. Shams has provided legal services to investors, developers, fund managers, syndicators and private equity firms based outside of Texas with an understanding of the intricacies involved in establishing and managing syndications and private equity funds for real estate ventures of varying sizes and complexities. He creates, structures, forms and launches new syndications and funds for the acquisition and development of retail, multi-family, industrial, office, mixed-use, build-to-rent, and student housing projects.
Austin Real Estate Private Equity Lawyer and Attorney
Shams is recognized by his clients and the real estate community as a private equity attorney for launching 506(b) and 506(c) funds and syndications. A legal authority in his field of commercial real estate investments, he advises both new and established real estate private equity firms in Texas. He boasts experience in structuring and drafting all necessary fund formation and syndication documents for private offerings such as private placement memoranda, subscription agreements, and operating agreements. At the heart of his practice is commercial real estate syndications and private equity funds aimed at acquiring various types of properties like apartment buildings, retail centers, office buildings, industrial facilities, warehouses, portfolios, and distressed assets. Additionally, he guides clients through the offering process and ensures compliance with federal and state filing requirements, including blue-sky laws.
Comprehensive Legal Services for Fund Formation and Commercial Real Estate Investment Law
Not all lawyers offer the start-to-finish legal services for real estate private equity firms in Austin and their sponsors as Shams does. Covering all aspects of their property ventures, he assists individual investors, private investment funds, capital raisers, sponsors, and general partners throughout their fundraising, commercial real estate investment, and development projects. As a commercial real estate attorney, Shams supports these same clients with one-stop-shop services: purchase, sale, development, management, and leasing of their commercial properties.
Austin, Texas Legal Services for Fund Formation and Syndication
Real estate syndication and fund formation attorney in Austin, Shams Merchant offers an extensive range of syndication legal services that are both affordable and prompt, including the following:
- Drafting top-tier PPM and company agreement documents, he ensures clients receive the best support available.
- Drafting 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) (per CPA guidance)
- Governing Documents for Entities
- Company (Fund) Agreement/Partnership Agreement
- GP/Manager Company Agreement/Sponsor Company Agreement
- SPV or SPE 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
- Rule 506(b) and Rule 506 (c) counsel
- State securities BlueSky notice filings counsel
- Investment Company Act Counsel
- Securities 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.
Shams also creates and organizes a variety of real estate syndication and investment funds for clients who invest in multifamily, retail, and industrial properties in Austin, including:
- 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
- Private 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
- Legal deal structuring 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
- Non-disclosure and Non-Compete Agreements
- Promissory Notes (Fractional, Shared Appreciation, Straight Interest Notes
Being a real estate private equity and fund formation lawyer in Austin, Shams possesses an understanding of the entire spectrum of real estate private equity funds. This expertise allows him to efficiently establish and manage real estate private equity funds for clients of all sizes.
Legal Fees on Fund Formations and Syndications in Austin, Texas
Shams charges a flat fee for legal services for real estate fund formations and syndications in Austin. Legal fees for a typical syndication in Austin begin at $10,000 for basic Reg D. 506(b) and 506(c) offerings and can increase in price depending on the size and intricacy of the fund or syndication, the sponsor’s experience, and various other considerations. These are competitive rates in Austin for real estate syndications and investment fund legal services.
About Shams Merchant, Real Estate Private Equity Attorney
With experience in handling award-winning Urban Land Institute real estate projects, Shams Merchant stands as a prominent figure in Texas commercial real estate private equity. He represents clients across the nation in these various facets of the industry:
- Syndication
- Fund formation
- Purchasing
- Selling
- Development
Shams likewise handles leasing to financing of commercial real estate projects valued at $1 million to $250 million. These projects span retail, mixed-use, office, industrial, hospitality, restaurants and bars, and multi-family sectors.
With commercial real estate transactions exceeding $3.7 billion, Shams advises clients on joint ventures, business structuring, entity formation, and fund formations encompassing both 506(c) and 506(b) offerings. Notably, he also has experience in real estate disputes. His expertise covers resolving disputes outside of the courthouse for the following:
- Breaches of real estate contracts and leases
- CAM calculations
- Complex leasing disputes
- Brokerage commission disagreements
- Conflicts among partners and shareholders
- Deed restriction issues
- Title and boundary disputes
Shams believes advanced legal counsel should be both approachable and affordable. Therefore, he provides economical yet valuable services to his clients, whether they are newcomers or seasoned veterans to real estate or private equity business. To this end, Shams introduces innovative methods for clients to track and quantify value by utilizing technology for service delivery enhancement and offering customized alternative fee arrangements. Collaborating with his clients to lower their legal expenses, Shams significantly boosts their return on investment in real estate projects and improves the overall profitability of their businesses.
For additional information on Shams Merchant’s Austin real estate syndication law practice in Austin, Texas, please email shams@cre.law or call (832) 451-2594.