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REITs

Shearman & Sterling's significant Real Estate Investment Trust (REIT) experience is recognized throughout the globe. The REIT Group draws upon attorneys from our Capital Markets, Mergers & Acquisitions, Real Estate and Tax groups, who work together to cover all aspects of REIT transactions—from cradle to grave.

We have advised on the organization, financing and management of REITs for decades, and our transactions have covered REITs with investments in all classes of REIT qualified assets, including office, retail, hotel, residential, multifamily, mall, industrial, student housing, and GSA properties.

The practice’s leading experience and competitive strengths include:

  • REIT formation and organization, including UPREITs and DownREITs

  • REIT credit facilities and financings, including securitized and mezzanine loans

  • REIT capital markets offerings, both public and private, including:

    • High yield bonds

    • Investment grade bonds

    • Convertible, exhangeable and equity-linked bonds

    • Operating partnership unit

    • IPOs

  • Mergers of and acquisitions by REITs

  • Privatizations of REITs and the financing of such transactions

  • REIT workouts and restructurings at every level of the capital structure

  • Private REITs

  • General corporate matters, including governance issues

  • Tax compliance and FIRPTA matters

  • Non-US REITs, including Canadian, German, Hong Kong and Mexican

Our group believes in a fully-integrated approach to providing excellent counsel to our clients, especially with respect to capital raising and advisory services. Since we advise both REITs and their counterparties in these transactions, we understand the perspectives of all participants in REIT related transactions.

Members of our REIT Group are consistently recognized for their work by independent third parties and are listed in an array of leading industry publications, including Chambers Guide to the Leading Lawyers for Business, Legal 500 – The Clients’ Guide to the Best Law Firms, Euromoney’s Guide to the World’s Leading Lawyers, Practical Law Company’s Which Lawyer?, Super Lawyers, The International Who’s Who of Business Lawyers, and The Best Lawyers in America.

Real Estate insightsHow Trump’s Presidency Could Impact REITs and the Commercial Real Estate Market

As a featured speaker on The REIT Report podcast, partner Malcom Montgomery notes that although the financial markets have reacted favorably to the new administration’s anticipated “economy friendly” policies, there is still concern that potential market volatility could have an impact. He also discusses the upbeat outlook for REITs and REIT investors in the capital markets, and the trend toward a shrinking performance gap between major metropolitan markets and secondary cities. Listen >

Real Estate insights

Many economists believe that the Donald Trump presidency will bring with it an era of higher interest rates, inflationary policies, tax cuts and infrastructure spending. Partner Malcom Montgomery looks at the consequences for the US commercial real estate market, particularly how the new administration could affect REITs, international investment, commercial lending and the regulatory environment, among diverse areas. Read >

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