Questions and Answers > EB-5 Requirements

What is required to market Regional Center projects to overseas brokers?

As a regional center, to represent our projects to licensed overseas brokers, are we required to have a U.S. securities license? And if so, which series of license is required?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on January 20, 2014

  If you are advertising overseas, you do not need a U.S. securities license.

• Shahzad Q Qadri

  RC Creator

  Answered on August 5, 2013

  Generally speaking, if you are issuer of the securities you do not need any licenses to promote your Regional Center OVERSEAS.

• Ed Beshara

  Immigration Attorney

  Answered on July 29, 2013

  First, you should start by consulting with an experienced SEC attorney in respect to the EB-5 program. Second, there are current SEC concerns with overseas brokers having a U.S. relationship e.g. office, and marketing the EB-5 project either overseas or in the U.S. In this case, it would be advisable for the Broker to have an Investment Adviser and/or Broker / Dealer license especially if the broker desires to accept finders fees from the EB-5 project.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 24, 2013

  This question is best answered by a securities law expert, not an immigration attorney.

• Bill Travis Klein

  Immigration Attorney

  Answered on July 24, 2013

  As a regional center you should have an Immigration Attorney on staff or retained to advise you in such matters. I strongly recommend that it is worth your while to make such arrangements with an Immigration Attorney. In any case, the SEC has made an announcement on July 10, 2013 removing the ban on general solicitations. HOWEVER, you are restricted to purchases by "ACCREDITED INVESTORS." Your advertising has to take this into account. I assume that you have taken the steps to insure you qualify for an exemption under the SEC Regulations as well as review the requirements under the State Securities Regulations. If you do not qualify for an exemption you are requird to register your securities offering with the SEC which is a very involved process. Please consult with an Immigration Attorney who can walk you through the process requirements and help you prepare your advertising strategy. Options may vary under the security laws depending on your type of securities and business that you are seeking investors for.

• Tammy Fox-Isicoff

  Immigration Attorney

  Answered on July 24, 2013

  You need a securities lawyer.

• Boyd Campbell

  Immigration Attorney

  Answered on July 24, 2013

  As long as you are marketing overseas, you do not need a U.S. broker''s or dealer''s license.