Offering Documents
The EB-5 Program has provided billions of dollars of capital to U.S. commercial enterprises. By law, the foreign investor’s investment must be at risk, i.e., no guarantee of return of principal may be offered, and 100% of the principal amount of EB-5 investors funds must go to the commercial enterprise. Attorneys representing EB-5 investors rely on the investment documents, often collectively referred to as the Offering documents. PenberaParis has many years of experience drafting the Offering documents which results in significantly reducing typical external legal costs. PenberaParis is not a law or securities firm. Drafts of Offering documents provided to the client under the Services Agreement are based on a format which identifies content areas used in previous submissions to the USCIS. The specific content is based solely on representations of the client which is required to provide evidence which supports these representations. Clients are required to review and approve all offering documents. They are also required to review and approve the entire project filing prior to its submission to the USCIS. Reviews and approvals are facilitated through client access to a Drop Box so that modifications are properly recorded. Clients are advised that they may seek legal advice at any time before the filing with the USCIS is made. The filing itself is made by the G-28 attorney representing the designated regional investment center which has agreed to sponsor the project. We have an in-depth understanding of how these documents are intended to relate to the other technical requirements (Business Plan, Job Creation study), to the I-526 and I-829 petition processes, and to the deployment of funds. These documents include:
- Operating Agreements
- Private Placement Memorandum
- Subscription Agreement
- Limited Partnership Agreement
- General Partnership Agreement
- Signature Packet
- Escrow Agreement
- Promissory Note
