EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 53

TOP CORPORATE AT TORNEYS CLEM G. TURNER CHIESA, SHAHINIAN & GIANTOMASI | ATTORNEY Clem G. Turner is a member of Chiesa, Shahinian & Giantomasi’s corporate and securities group, and the leader of its corporate EB-5 practice. He brings more than 20 years of experience advising clients on corporate and securities issues. Turner began advising on EB-5 offshore securities offerings in 2010. His experience ranges from simple direct $1 million EB-5 offerings up to complex $400-million raises. In the aggregate, Turner has counseled clients who have raised more than $1.5 billion through the EB-5 program. He is a sought-after commentator and author on the EB-5 program and routinely lectures at EB-5 events and conferences. WHAT TRENDS ARE YOU SEEING IN THE EB-5 INDUSTRY? China used to supply 85 percent of the capital in the EB-5 industry. Accordingly, the Chinese EB-5 market (which favored larger real estate projects) set the tone for the entire industry. Now that India, Vietnam and Latin America are the major suppliers of EB-5 capital, there is more diversity in projects securing EB-5 funding. Small and mid- sized real estate developers with solid track records seeking $20 million or less are successfully competing for investors in the new EB-5 markets. Additionally, EB-5 offerings for non-real estate projects (e.g., manufacturing, franchises and emerging companies) seeking $5 million or less are being funded. HOW ARE YOU HANDLING THE ISSUE OF REDEPLOYMENT? The key to a successful redeployment is proper communication. In redeploying older funds, where the corporate authority to redeploy is not clear, obtaining consent of the EB-5 investors to redeploy is necessary. For the consent to be valid under corporate and securities laws, it must be “informed” consent, i.e., the EB-5 investors must be provided with all material facts and circumstances (without omissions) related to redeployment and the secondary investment. Most recent EB-5 funds grant fund managers the corporate authority to redeploy, however providing notice of a pending redeployment of funds is advisable.         MA Y 5 , 201 9 • WA S H I N G T ON D.C                                   For 12 years the IIUSA EB-5 Advocacy Conference has been the one and only EB-5 Industry Conference focused on championing the virtues and achievements of the Program to Capitol Hill. In 2018 IIUSA was proud to launch the Industry Achievement Banquet to highlight program contributions and member success across the country.    /           as a speaker, sponsor or attendee in the industry’s most prestigious event featuring 2+ days of premier educational panels, curated networking opportuni- ties, and business development. Sponsorships and tickets are now on sale at discounted holiday rates. [email protected] | (202) 795-9667 | www.iiusa.org EB5INVESTORS.COM 53