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August 28, 2017

Cadwalader attorneys analyzed the recent Geographic Targeting Order issued by the FinCEN. The Order is part of FinCEN's ongoing efforts to "combat money laundering within the real estate sector."

October 11, 2012

The CFTC issued guidance that REITS would not be deemed "pools" subject to their meeting the following conditions: The REIT primarily derives its income from the ownership and management of real estate and uses derivatives for the limited purpose of "mitigat[ing] their exposure to changes in interest rates or fluctuations in currency"; The REIT is operated so as to comply with all of the requirements of a REIT election under the Internal Revenue Code, including 26 U.S.C. §856(c)(2) (the 75-percent test); and The REIT has identified itself as an equity REIT in Item G of its last U.S. income tax