0001999336-23-000002.txt : 20231103
0001999336-23-000002.hdr.sgml : 20231103
20231102211630
ACCESSION NUMBER: 0001999336-23-000002
CONFORMED SUBMISSION TYPE: 1-A
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20231103
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: NRS II CAPITAL, LLC
CENTRAL INDEX KEY: 0001999336
IRS NUMBER: 923327757
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 1-A
SEC ACT: 1933 Act
SEC FILE NUMBER: 024-12350
FILM NUMBER: 231374272
BUSINESS ADDRESS:
STREET 1: 654 PALISADE AVENUE
CITY: YONKERS
STATE: NY
ZIP: 10703
BUSINESS PHONE: 914-439-6266
MAIL ADDRESS:
STREET 1: 654 PALISADE AVENUE
CITY: YONKERS
STATE: NY
ZIP: 10703
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NRS II CAPITAL, LLC
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NITIN R. SINGH
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PART II AND III
2
fom1a2v4.txt
PARTIIANDPARTIII
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
FORM 1A
REGULATION A OFFERING STATEMENT UNDER THE SECURITIES ACT OF 1933
NRS Equity Fund I LLC
(the Company)
Preliminary Offering Circular dated November 3 2023
The Company is hereby providing the information required by Part I of Form S11
(17 9 CFR 239.18 and is following the requirements for a*
smaller reporting company as it meets the definition of that term in Rule 405
(17 CFR 230.405).
An offering statement pursuant to Regulation A relating to these securities has
been filed with the Securities and Exchange Commission (Commission.)
Information contained in this Preliminary Offering Circular is subject to
completion or amendment. These securities may not be sold nor may offers to
buy be accepted before the offering statement filed with the Commission is
qualified. This Preliminary Offering Circular shall not constitute an offer
to sell or the solicitation of an offer to buy nor shall there be any sales
of these securities in any state in which such offer solicitation or sale
would be unlawful before registration or qualification under the laws of any
such state. The Company may elect to satisfy its obligation to deliver a
Final Offering Circular by sending you a notice within two business days after
the completion of our sale that contains the URL where the Final Offering
Circular or the offering statement in which such Final Offering Circular was
filed may be obtained.
We are offering 150000 Class A Interests (Interests or Class A Interests) at
$1000 per Interest (the Offering.) Purchasers shall upon acceptance
by the Manager of their Subscriptions become Class A Members in the Company.
Funds will be made immediately available to the Company once the Company
raises a minimum of $1000000 (Minimum Offering) in a designated bank account.
Funds will be used for acquiring real estate assets throughout the
United States as well as for working capital. The Company intends to invest
capital from the proceeds of this Offering for the first three (3) years.
Thereafter the Company will hold and eventually sell assets purchased.
The minimum accepted from any Subscriber is $250000. Subscription funds may
remain in the Companys segregated Subscription account for up to 180 days
from the first date of deposit.
Unless terminated by the Manager earlier this Offering terminates in 365 days
after commencement of this Offering. The Manager may extend this Offering in
its sole discretion for an additional six month period at which time the
Manager will file the appropriate Offering Circular for qualification with
the
Commission. There are no provisions for the return of funds once the minimum
of 1000 Interests are sold. No commissions will be paid for the sale of the
Interests offered by the Company.
Class A Interests (Unit) Price to
Investors Sellers Commissions Proceeds to
the Company
Per Unit or Interest $ 1000 $ 0.00 $ 1000
Minimum Dollar Amount $ 250000 $ 0.00 $ 1000000
Maximum Dollar Amount $ 150000000 $ 0.00 $ 150000000
No public market currently exists for our Interests. The Company will be
managed by NRS II Capital LLC (the Manager) a Delaware limited liability
company which is managed by Nitin R. Singh. The Company has set a minimum
investment requirement of $250000. We do intend to place the funds into a
segregated account up to $1000000 that will be in the Companys name. This
will not be an escrow account. Purchasers of our Interests qualified hereunder
may be unable to sell their securities because there may not be a public
market for our securities. Any purchaser of our securities should be in a
financial position to bear the risks of losing their entire investment.
The transfer of Interests is limited. A Member may assign his her or its
Interests only if certain conditions set forth in the Companys Operating
Agreement are satisfied. Potential subscribers of the Interests should expect
to remain in the Company for ten (10) years. At or around the eighth year
of operations the Manager will attempt to sell refinance or otherwise dispose
of properties in order to return Capital Account Balances (as defined in
the Companys Operating Agreement) to the Members. The Manager may at its
discretion sell the properties to among other potential purchasers a third
party in order to redeem Members within the ten year expected time frame.
The Company has been formed to acquire various real estate assets throughout
the United States. Although the Manager intends to initially search for
properties located in Florida Georgia North Carolina South Carolina and Texas
the Company will not limit itself geographically. The Company intends
to focus its investment efforts on those properties that are income producing
in other words those properties that will produce positive cash flow
immediately upon or soon after acquisition. It is expected that the Company
will focus on Class A and B multifamily properties.
The Company is considered an emerging growth company under Section 101(a) of
the Jumpstart Our Business Startups Act (the JOBS Act) as it is an issuer
that had total annual gross revenues of less than $1 billion during its most
recently completed fiscal year.
Since the Company is an emerging growth company certain Risk Factors include
We are an emerging growth company with a limited operating
history.
Subscribers will have no control in the Company and will not
have any voting rights. The Manager or its affiliates will manage the day
to day operations of the Company.
We will require additional financing such as bank loans outside
of this offering in order for the operations to be successful.
We have not conducted any revenuegenerating activities and as such
have not generated any revenue since inception.
Our offering price is arbitrary and does not reflect the book value
of our Class A Interests.
Investments in real estate and real estate related assets are speculative
and we will be highly dependent on the performance of the real
estate market.
The Company does not currently own any assets.
See the section entitled RISK FACTORS beginning on page for a more
comprehensive discussionof risks to consider before purchasing our Class A
Interests.
OFFERING CIRCULAR SUMMARY
This summary contains basic information about us and the Offering. Because it
is a summary it does not contain all the information that you should consider
before investing. You should read the entire Offering Circular carefully
including the risk factors and our financial statements and the related
notes to those statements included in this Offering Circular. Except as
otherwise required by the context references in this Offering Circular
to we our us the Company NRS Equity Fund I and NRSEV refer to NRS Equity Fund
I LLC
We were formed on October 12 2023 and have not yet commenced operations.
We are not a blank check company and do not consider ourselves to be a blank
check company as we
Have a specific business plan. We have provided a detailed
plan for the next twelve (12) months throughout our Offering Circular.
Have no intention of entering into a reverse merger with any
entity in an unrelated industry in the future.
Since our inception through October 12 2023 we have not generated any revenues
and have incurred a net loss of $0. We anticipate the commencement of
generating revenues in the next twelve months. The capital raised in this
Offering has been budgeted to cover the costs associated with beginning to
operate our company marketing expense and acquisition related costs. We intend
on using the majority of the proceeds from this Offering for the
acquisition of properties. However closing and other acquisition related costs
such as title insurance professional fees and taxes will likely require
cash. We do not have the ability to quantify any of the expenses as they will
all depend on size of deal price and place versus procuring new financing
due diligence performed (such as appraisal environmental property condition
reports) legal and accounting etc. There is no way to predict or otherwise
detail expenses.
We intend on engaging in the following activities
1. The Companys primary focus is to invest in multifamily and commercial
properties that will appreciate over a seven (7) to ten (10) year holding
period.
The properties are selected based on criteria that includes a positive cash
flow at purchase good location and purchase price is less than replacement
cost. The properties are then managed by a wellestablished thirdparty property
management company during the holding period to maximize the appreciation for
the investors
2. In some circumstances the Company may elect to purchase commercial
properties
that have potential to soon be or are cash flow positive meaning
properties that have a positive monthly income after all expenses (mortgages
operating expenses taxes) and maintenance reserves are paid. These
properties are also frequently referred to as incomeproducing properties.
Nonetheless the potential acquisition should have the likelihood to
appreciate in value over the hold period. In order to determine if a property
is cash flow positive our Manager will review the total gross rent
income or receipts from the property and subtract any and all expenses
including utilities taxes maintenance and other reserve expenses. If this
number is a positive number the Company will deem the property cash flow
positive. Depending on how positive the cash flow is will determine whether
the management will purchase the property or not on behalf of the Company
there must be cash flow potential with which our Manager is comfortable.
3. Invest in any opportunity our Manager sees fit within the confines
of the market marketplace and economy so long as those investments are
real estate related and within the investment objectives of the Company. To
this end at some time in the future the Company may also purchase additional
properties or make other real estate investments that relate to varying
property types including office retail and industrial properties. Such
property
types will likely be operating properties rather than properties under
development. It is expected that the Company will only use the net proceeds
in this
Offering to purchase multifamily and commercial properties.
4. In some circumstances the Company may elect to enter into a joint venture
agreement with another real estate developer or investor who may have certain
resources or opportunities not otherwise available to the Company.
In all cases the debt on any given property must be such that it fits with the
Investment Policies of the Company. We intend on leveraging our properties
with no more than 80% of their value.
The Company does not currently own any material assets. Please see our
DESCRIPTION OF BUSINESS on page 24. We believe we will need at least $100000
to provide working capital and $75000 for professional fees for the next 12
months.
FREQUENTLY ASKED QUESTIONS
Q What is NRS Equity Fund I LLC?
A NRS Equity Fund I LLC is a newly formed company created for the specific
purpose of identifying and purchasing a diverse portfolio of real estate
assets. The Company has been formed to acquire various real estate assets
throughout the United States. Although the Manager intends to initially search
for properties located in Florida North Carolina South Carolina and Texas
the Company will not limit itself geographically. The Company intends to
focus
its investment efforts on those properties that are income producing in
other words those properties that will produce positive cash flow immediately
upon or soon after acquisition. It is expected that the Company will focus
on Class A and B multifamily properties but may also consider commercial
real estate assets such as selfstorage warehouse and industrial office and
retail properties.
The Company intends to purchase properties that will appreciate in value over
the expected hold period of seven (7) to ten (10) years. Through the use of
quality thirdparty management it is expected that the investments will
appreciate due to superior locations and increased net operating income over
time.
Q How will NRS Equity Fund I LLC (NRSEV) identify properties?
A The Manager will search for properties using traditional methods of using
brokers in the markets where the Manager believe there are opportunities.
Q What kind of return may be expected by a Member?
A The Company does not currently own any assets therefore returns are
speculative. However it is the Companys intent to pay 65% (sixtyfive percent)
of the Distributable Cash to Class A Members in accordance with their prorata
membership interest in the Company. (See the SUMMARY OF OPERATING AGREEMENT
on page 47 for more information.)
Q What is the minimum investment amount allowed?
A $250000.
Q Where can I buy Class A Interests?
A All Interests will be available for purchase at nrsiicapital.com.
Q Who is the Manager?
A The Manager is NRS II Capital LLC which is controlled by Nitin R Singh.
Nitin Singh is a 15 year veteran of the real estate industry and currently
serves as the founder and CEO of the NRS II Capital. Nitin is a multifamily
owner fund manager and syndicator who specializes in medium sized apartment
communities in the Southeast. Since 2023 he is raising funds for NRS Equity
Fund I in amount totaling $150000000 with each minimum investment at $250000.
He is a limited investor with over 12000+ units. Nitin entered Real
industry over 15 years ago where he started his career investing in single
family residential properties and excelled to become top performer at his
workplace. Nitin brings unique understanding of the industry and its constantly
changing risk and analysis to the table. With his comprehensive knowledge
he has been able to execute through many complex transactions for the ownership
across the U.S. He has built relationships with over 50+ commercial banks
where he directly communicates with Credit Officers and Top Tier individuals
within the banking industry. He has spearheaded NRS II Capitals expansion
from New York to across the States such as Florida Texas and Nevada.
Prior performance of real estate investments may be found in the section
entitled PRIOR PERFORMANCE. For more info on Mr. Singh and other members of our
Manager please see MANAGER EXECUTIVE OFFICERS PROMOTERS AND CONTROL PERSONS
Q How can I sell my Interests?
A Generally speaking the Interests will not be transferrable. Investors should
consider investing for the longterm as disposition of the Interests will
be difficult if not impossible. The Company intends to operate for
approximately
ten (10) years at which time the Manager intends to employ a variety of
exit strategies with the intent of then distributing the Capital Account
Balances
to the Members. Ideally at or around ten years the Company will begin
to sell or refinance properties that have appreciated in value.
Q Will I be charged upfront selling commissions?
A No. Investors will not pay upfront selling commissions as part of the price
per Interest purchased in this offering. However if the Manager finds that
selling the Interests is difficult it may later enlist the services of a
licensed brokerdealer to assist with the sales of the Interests in which case
sales commission will be paid by the Company.
Q Do you have a redemption program?
A No. We do not currently have a redemption program. An investor should expect
to remain in the Company for a period of ten (10) years.
Q May I make an investment through my IRA or other taxdeferred retirement
account?
A Yes. You may make an investment through your IRA or other taxdeferred
retirement account. In making these investment decisions you should consider
at a minimum (1) whether the investment is in accordance with the documents
and instruments governing your IRA plan or other retirement account (2)
whether the investment would constitute a prohibited transaction under
applicable law (3) whether the investment satisfies the fiduciary requirements
associated with your IRA plan or other retirement account (4) whether the
investment will generate unrelated business taxable income (UBTI) to your
IRA plan or other retirement account and (5) whether there is sufficient
liquidity for such investment under your IRA plan or other retirement account.
You should note that an investment in our Class A Interests will not in itself
create a retirement plan and that in order to create a retirement plan
you must comply with all applicable provisions of the Internal Revenue Code of
1986 as amended (the IRS Code).
It is the Companys understanding that IRA and Roth IRA investments can be made
through selfdirected accounts which are not managed by the Company and
most likely will be charged fees to manage the selfdirected account. These fees
will need to be paid by the investor and are not considered a expense of
the Company.
Q Is there any minimum initial offering amount required to be sold?
A We intend to raise a minimum of $1000000 prior to using funds to purchase
properties or for working capital. We may start funding properties as soon
as we identify a property. In some circumstances the management or some related
entity may prefund a property and funds from this offering will go to
replace that prefunding amount as funds are available.
Q Will I be notified of how my investment is doing?
A Yes we will provide you with periodic updates on the performance of your
investment in us including
an annual report
a semiannual report
current event reports for specified material events within
ten business days of their occurrence
supplements to the offering circular if we have material
information to disclose to you and
other reports that we may file or furnish to the SEC from
time to time.
We will provide this information to you by posting such information on the
SECs website at www.sec.gov on our website at www.nrsiicapital.com and via
email.
Q When will I get my detailed tax information?
A Your schedule K1 tax information will be provided by March 31st of the
year following each taxable year.
Q Who can help answer my questions about the offering?
Please contact
Investor Relations
NRS II Capital LLC
654 Palisade Avenue
Yonkers NY 10703
Office (914) 914 439 6266
Email invest@nrsiicapital.com
EXEMPTIONS UNDER JUMPSTART OUR BUSINESS STARTUPS ACT
We are an emerging growth company. An emerging growth company is one that
had total annual gross revenues of less than $1000000000 (as such amount is
indexed for inflation every 5 years by the Commission to reflect the change
in the Consumer Price Index for All Urban Consumers published by the Bureau
of Labor Statistics setting the threshold to the nearest 1000000) during its
most recently completed fiscal year. We would lose our emerging growth
status if we were to exceed $1000000000 in gross revenues. We are not sure
this will ever take place.
Because we are an emerging growth company we have the exemption from Section
404(b) of SarbanesOxley Act of 2002 and Section 14A(a) and (b) of the
Securities Exchange Act of 1934. Under Section 404(b) we are now exempt from
the internal control assessment required by subsection (a) that requires
each independent auditor that prepares or issues the audit report for the
issuer shall attest to and report on the assessment made by the management
of the issuer. We are also not required to receive a separate resolution
regarding either executive compensation or for any golden parachutes for our
executives so long as we continue to operate as an emerging growth company.
We hereby elect to use the extended transition period for complying with
new or revised accounting standards under Section 102(b)(1).
We will lose our status as an emerging growth company in the following
circumstances
The end of the fiscal year in which our annual revenues
exceed $1 billion.
The end of the fiscal year in which the fifth anniversary
of our IPO occurred.
The date on which we have during the previous threeyear
period issued more than $1 billion in nonconvertible debt.
The date on which we qualify as a large accelerated filer.
RISK FACTORS
Investors in the Company should be particularly aware of the inherent risks
associated with our business. As of the date of this filing our management is
aware of the following material risks.
General Risks Related to Our Business
We are an emerging growth company organized October 2023 and have not yet
commenced operations which makes an evaluation of us extremely difficult. At
this stage of our business operations even with our good faith efforts we
may never become profitable or generate any significant amount of revenues
thus potential investors have a possibility of losing their investment.
We were organized in October 2023 and have not yet started operations. As
a result of our startup status we (i) have generated no revenues (ii) will
accumulate deficits due to organizational and startup activities business
plan development and professional fees since we organized. There is nothing
at this time other than the track record of our Manager on which to base an
assumption that our business operations will prove to be successful or that
we will ever be able to operate profitably. However past results do not
guarantee future profitability. Our future operating results will depend on
many
factors including our ability to raise adequate working capital availability
of properties for purchase the level of our competition and our ability to
attract and maintain key management and employees.
We are significantly dependent on Nitin R Singh. The loss or unavailability
of his services would have an adverse effect on our business operations and
prospects in that we may not be able to obtain new management under the same
financial arrangements which could result in a partial loss or return of
your investment.
The acquisition of properties and the attainment of new investors is
significantly dependent on Nitin R Singh. We expect that our investor base
will be
largely drawn from Mr. Singhs exposure on social media and on media content
delivered over the Companys website. Mr. Singh implemented the Companys
strategy to identify and acquire multifamily properties which has resulted
in the success of his prior real estate investments. It would be difficult to
replace Nitin R Singh at such an early stage of development of the Company.
Mr. Singh has built a qualified team of individuals that manage the marketing
business operations property management acquisitions and dispositions of
assets while maintaining Mr. Singhs investment strategy. In the event of
Mr. Singhs departure from the Company it may be difficult to attain new
investors or purchase properties but the current management team would be
able to manage the Companys assets until a such time as an exit would occur.
Should the Company be unable to replace Nitin R Singh it may be required
to cease pursuing business opportunities which may result in a partial loss
or return of your investment.
This offering is a blind pool offering and therefore Members will not have the
opportunity to evaluate some of our investments before we make them
which makes investments more speculative.
We will seek to invest substantially all of the net offering proceeds from this
Offering after the payment of fees and expenses in the acquisition of
or investment in interests in assets. However because as of the date of this
Offering Circular we have not identified the assets we expect to acquire
and because our Members will be unable to evaluate the economic merit of
assets
before we invest in them they will have to rely on the ability of our
Manager to select suitable and successful investment opportunities. These
factors
increase the risk that our Members investment may not generate returns
comparable to the Companys competitors.
Our Manager will have complete control over the Company and will therefore
make
all decisions over which Members will have no control.
NRS II Capital LLC our Manager will make all decisions relating to the business
operations and strategy without input by the Members. Such decisions
may include purchase and sale decisions regarding the assets the appointment
of other officers managers vendors and whether to enter into material
transactions with related parties.
An investment in the Interests is highly illiquid. You may never be able to
sell or otherwise dispose of your Interests.
Company intends to operate for a period of ten (10) years. Therefore you should
expect to keep your investment in Class A Interests for a period of ten
(10) years.
Risks Related to the Real Estate Business in General
The profitability of attempted acquisitions is uncertain.
We intend to acquire properties selectively. Acquisition of properties entails
risks that investments will fail to perform in accordance with expectations.
In undertaking these acquisitions we will incur certain risks including the
expenditure of funds on and the devotion of managements time to
transactions that may not come to fruition. Additional risks inherent in
acquisitions include risks that the properties will not achieve anticipated
sales price rents or occupancy levels and that estimated operating expenses
and costs of improvements to bring an acquired property up to standards
established for the market position intended for that property may prove
inaccurate.
Rising expenses could reduce cash flow and funds available for future
acquisitions.
Our properties will be subject to increases in real estate tax rates utility
costs operating expenses insurance costs repairs and maintenance
administrative and other expenses. If we are unable to increase rents at an
equal or higher rate or lease properties on a basis requiring the tenants
to pay all or some of the expenses we would be required to pay those costs
which could adversely affect funds available for future cash distributions.
If we purchase assets at a time when the multifamily or commercial real estate
market is experiencing substantial influxes of capital investment and
competition for properties the real estate we purchase may not appreciate or
may decrease in value.
The multifamily real estate markets are currently experiencing a substantial
influx of capital from investors worldwide. This substantial flow of
capital combined with significant competition for real estate and the strength
in the economy may result in inflated purchase prices for such assets.
To the extent we purchase real estate in such an environment we are subject to
the risk that if the real estate market ceases to attract the same
level of capital investment in the future as it is currently attracting or if
the number of companies seeking to acquire such assets decreases our
returns will be lower and the value of our assets may not appreciate or may
decrease significantly below the amount we paid for such assets.
A multifamily or commercial property's income and value may be adversely
affected by national and regional economic conditions local real estate
conditions such as an oversupply of properties or a reduction in demand for
properties availability of for sale properties competition from other
similar properties our ability to provide adequate maintenance insurance and
management services increased operating costs (including real estate
taxes) the attractiveness and location of the property and changes in market
rental rates. Our income will be adversely affected if a significant
number of tenants are unable to pay rent or if our properties cannot be rented
on favorable terms. Our performance is linked to economic conditions
in the regions where our properties will be located and in the market for
multifamily space generally. Therefore to the extent that there are
adverse economic conditions in those regions and in these markets generally
that impact the applicable market rents such conditions could
result in a reduction of our income and cash available for distributions and
thus affect the amount of distributions we can make to you.
We will depend on commercial real estate tenants for our revenue and therefore
our revenue may depend on the economic viability of our tenants.
We will be highly dependent on income from tenants. Our financial results will
depend in part on leasing space in the properties or the full
properties we acquire to tenants on economically favorable terms.
In the event of a tenant default prior to stabilization we may experience delays
in enforcing our rights as landlord and may incur substantial
costs in protecting our investment and reletting our property. A default of a
substantial tenant or number of tenants at any one time on lease
payments to us would cause us to lose the revenue associated with such lease(s)
and cause us to have to find an alternative source of revenue to
meet mortgage payments and prevent a foreclosure if the property is subject to
a mortgage. Therefore substantial lease payment defaults by tenant(s)
could cause us to lose our investment or reduce the amount of distributions to
Members.
Competition and any increased affordability of singlefamily homes could limit
our ability to lease our apartments or maintain or increase rents
which may materially and adversely affect us including our financial condition
cash flows results of operations and growth prospects.
The multifamily industry is highly competitive and we face competition from
many sources including from other multifamily apartment communities
both in the immediate vicinity and the geographic market where our properties
are and will be located. If so this would increase the number of
apartments units available and may decrease occupancy and unit rental rates.
Furthermore multifamily apartment communities we acquired compete
or will compete with numerous housing alternative in attracting residents
including owner occupied single and multifamily homes available to
rent or purchase. The number of competitive properties and/or condominiums
in a particular area or any increased affordability of owner occupied
single and multifamily homes caused by declining housing prices mortgage
interest rates and government programs to promote home ownership
could adversely affect our ability to retain our residents lease apartment
units and maintain or increase rental rates. These factors could
materially and adversely affect us.
We may not make a profit if we sell a property.
The prices that we can obtain when we determine to sell a property will
depend on many factors that are presently unknown including the operating
history tax treatment of real estate investments demographic trends in the
area and available financing. There is a risk that we will not realize
any significant appreciation on our investment in a property. Accordingly
your ability to recover all or any portion of your investment under such
circumstances will depend on the amount of funds so realized and claims to
be satisfied therefrom.
Our properties may not be diversified.
Our potential profitability and our ability to diversify our investments
may be limited both geographically and by type of properties purchased.
We will be able to purchase additional properties only as additional funds
are raised. Given the limited number of assets we are targeting our
properties will not be well diversified and their economic performance could
be affected by changes in local economic conditions or changes
uniquely affecting one or more particular asset classes.
Our performance is therefore linked to economic conditions in the regions in
which we will acquire properties and in the market for real estate
properties generally. Therefore to the extent that there are adverse economic
conditions in the regions in which our properties are located and
in the market for real estate properties such conditions could result in a
reduction of our income and cash to return capital and thus affect the
amount of distributions we can make to you.
Competition with third parties in acquiring and operating properties may
reduce our profitability and the return on your investment.
We compete with many other entities engaged in real estate investment
activities many of which have greater resources than we do. Specifically
there are numerous commercial developers real estate companies foreign
investors and investment funds that operate in the markets in which we
may operate that will compete with us in acquiring residential commercial
and other properties that will be seeking investments and tenants for
these properties.
Many of these entities have significant financial and other resources
including operating experience allowing them to compete effectively with us.
Competitors with substantially greater financial resources than us may
generally be able to accept more risk than we can prudently manage including
risks with respect to the creditworthiness of entities in which investments
may be made or risks attendant to a geographic concentration of investments.
Demand from third parties for properties that meet our investment objectives
could result in an increase of the price of such properties. If we pay
higher prices for properties our profitability may be reduced and you may
experience a lower return on your investment. In addition our properties
may be located in a close proximity to other properties that will compete
against our properties for tenants. Many of these competing properties may
be better located and/or appointed than the properties that we will acquire
giving these properties a competitive advantage over our properties
and we may in the future face additional competition from properties not yet
constructed or even planned. This competition could adversely affect
our business. The number of competitive properties could have a material effect
on our ability to rent space at our properties and the amount of
rents charged. We could be adversely affected if additional competitive
properties
are built in locations competitive with our properties causing
increased competition for residential renters. In addition our ability to
charge
premium rental rates to tenants may be negatively impacted. This
increased competition may increase our costs of acquisitions or lower the
occupancies and the rent we may charge tenants. This could result in
decreased cash flow from tenants and may require us to make capital
improvements to properties which we would not have otherwise made thus
affecting cash available for distributions to you.
We may not have control over costs arising from rehabilitation of properties.
We may elect to acquire properties which may require rehabilitation although
we do not intend on acquiring properties that require extensive
rehabilitation. Nonetheless we may acquire affordable properties that we will
rehabilitate and convert to market rate properties. Consequently
we may retain independent general contractors to perform the actual physical
rehabilitation and/or construction work and will be subject to risks
in connection with a contractor's ability to control rehabilitation and/or
construction costs the timing of completion of rehabilitation and/or
construction and a contractor's ability to build in conformity with plans
and specification.
Inventory or available properties might not be sufficient to realize our
investment goals.
We may not be successful in identifying suitable real estate properties or
other assets that meet our acquisition criteria or consummating acquisitions
or investments on satisfactory terms. Failures in identifying or consummating
acquisitions would impair the pursuit of our business plan. Moreover our
acquisition strategy could involve significant risks that could inhibit our
growth and negatively impact our operating results including the following
increases in asking prices by acquisition candidates to levels beyond our
financial capability or to levels that would not result in the returns required
by our acquisition criteria diversion of managements attention to expansion
efforts unanticipated costs and contingent or undisclosed liabilities
associated with acquisitions failure of acquired businesses to achieve
expected results and difficulties entering markets in which we have no or
limited experience.
The consideration paid for our target acquisition may exceed fair market
value which may harm our financial condition and operating results.
The consideration that we pay will be based upon numerous factors and the
target acquisition may be purchased in a negotiated transaction rather
than through a competitive bidding process. We cannot assure anyone that
the purchase price that we pay for a target acquisition or its appraised
value will be a fair price that we will be able to generate an acceptable
return on such target acquisition or that the location lease terms or
other relevant economic and financial data of any properties that we acquire
will meet acceptable risk profiles. We may also be unable to lease
vacant space or renegotiate existing leases at market rates which would
adversely affect our returns on a target acquisition. As a result our
investments in our target acquisition may fail to perform in accordance with
our expectations which may substantially harm our operating results
and financial condition.
The failure of our properties to generate positive cash flow or to sufficiently
appreciate in value would most likely preclude our Members from
realizing an attractive return on their Interest ownership.
There is no assurance that our real estate investments will appreciate in value
or will ever be sold at a profit. The marketability and value of the
properties will depend upon many factors beyond the control of our management.
There is no assurance that there will be a ready market for the properties
since investments in real property are generally nonliquid. The real estate
market is affected by many factors such as general economic conditions
availability of financing interest rates and other factors including supply and
demand that are beyond our control. We cannot predict whether we
will be able to sell any property for the price or on the terms set by it or
whether any price or other terms offered by a prospective purchaser
would be acceptable to us. We also cannot predict the length of time needed to
find a willing purchaser and to close the sale of a property. Moreover
we may be required to expend funds to correct defects or to make improvements
before a property can be sold. We cannot assure any person that we will
have funds available to correct those defects or to make those improvements.
In acquiring a property we may agree to lockout provisions that materially
restrict us from selling that property for a period of time or impose other
restrictions such as a limitation on the amount of debt that can be placed
or repaid on that property. These lockout provisions would restrict our
ability to sell a property. These factors and any others that would impede our
ability to respond to adverse changes in the performance of our properties
could significantly harm our financial condition and operating results.
Illiquidity of real estate investments could significantly impede our ability
to respond to adverse changes in the performance of our properties and
harm our financial condition.
Because real estate investments are relatively illiquid our ability to promptly
sell one or more properties or investments in our portfolio in
response to changing economic financial and investment conditions may be
limited.
In particular these risks could arise from weakness in or even the
lack of an established market for a property changes in the financial condition
or
prospects of prospective purchasers changes in national or
international economic conditions and changes in laws regulations or fiscal
policies
of jurisdictions in which the property is located. We may be
unable to realize our investment objectives by sale other disposition or
refinance
at attractive prices within any given period of time or may
otherwise be unable to complete any exit strategy. An exit event is not
guaranteed
and is subject to the Managers discretion.
Risks Related to Financing
We might obtain lines of credit and other borrowings which increases our risk
of
loss due to potential foreclosure.
We may obtain lines of credit and longterm financing that may be secured by our
assets. As with any liability there is a risk that we may be unable
to repay our obligations from the cash flow of our assets. Therefore when
borrowing and securing such borrowing with our assets we risk losing such
assets in the event we are unable to repay such obligations or meet such
demands.
We have broad authority to incur debt and high debt levels could hinder our
ability to make distributions and decrease the value of our investors
investments.
Our policies do not limit us from incurring debt until our total liabilities
would be at 80% of the value of the assets of the Company. Although we
intend to borrow typically no more than 70% of a propertys value we may borrow
as much as 80% of the value of our properties. We do not currently
own any properties. High debt levels would cause us to incur higher interest
charges and higher debt service payments and may also be accompanied by
restrictive covenants. These factors could limit the amount of cash we have
available to distribute and could result in a decline in the value of our
investors investments.
Risks Related to Conflicts of Interest
There are conflicts of interest between us our Manager and its affiliates.
We expect that a thirdparty related to the Manager NRS Real Estate Acquisitions
LLC will provide asset management and other services to our Manager
and the Company. Prevailing market rates are determined by Management based on
industry standards and expectations of what Management would be able to
negotiate with a thirdparty on an arms length basis. All of the agreements and
arrangements between such parties including those relating to
compensation are not the result of arms length negotiations. Some of the
conflicts inherent in our Companys transactions with the Manager and its
affiliates and the limitations on such parties adopted to address these
conflicts are described below. Our Company Manager and their affiliates will
try to balance our interests with their own. However to the extent that such
parties take actions that are more favorable to other entities than the
Company these actions could have negative impact on our financial performance
and consequently on distributions to Members and the value of our
Interests. See Conflicts of Interest.
The interests of the Manager our principals and their other affiliates may
conflict with your interests.
The operating agreement provides our Manager with broad powers and authority
which may result in one or more conflicts of interest between your
interests and those of the Manager the principals and its other affiliates.
Potential conflicts of interest include but are not limited to the following
the Manager the principals and/or its other affiliates are
offering and may continue to originate and offer other real estate investment
opportunities including additional blind pool equity and debt offerings similar
to this offering and may make investments in real estate assets for their
own respective accounts whether or not competitive with our business
the Manager the principals and/or its other affiliates will not
be required to disgorge any profits or fees or other compensation they may
receive from any other business they own separately from us and you will not be
entitled to receive or share in any of the profits return fees or
compensation from any other business owned and operated by the Manager the
principals and/or its other affiliates for their own benefit
we may engage the Manager or affiliates of the Manager to perform
services at prevailing market rates. Prevailing market rates are
determined by the Manager based on industry standards and expectations of what
the Manager would be able to negotiate with a thirdparty on an arms
length basis and
the Manager the principals and/or its other affiliates are not
required to devote all of their time and efforts to our affairs.
Risks Associated with Joint Ventures/CoInvestors
The terms of joint venture agreements or other joint ownership/coinvestor
arrangements into which the Manager may enter could impair operating
flexibility
and results of operations.
In connection with the purchase of real estate or making real estaterelated
investments the Manager may enter into joint ventures with affiliated or
unaffiliated partners. In addition the Company may also purchase or develop
properties in arrangements with affiliates of the Manager the sellers of the
properties developers and/or similar persons. These structures involve
participation in the investment by outsiders whose interests and rights may
not be
the same as the Companys. These joint venture partners or cotenants may have
rights to take some actions over which the Manager has no control and may
take actions contrary to the interests of the Company. For example joint
ownership of an investment under certain circumstances may involve risks not
associated with direct ownership of such investment including the following
a partner or coinvestor might have economic and/or
business interests or goals which are unlike or incompatible with the business
interests or goals of the Company including inconsistent goals relating
to the sale of properties held in a joint venture and/or the timing of the
termination and liquidation of the venture
such partners or coinvestors may become bankrupt and such
proceedings could have an adverse impact on the operation of the Company or
joint venture
the Company may incur liabilities as the result of actions taken
by joint venture partners in which there was no direct involvement
and
such partners or coinvestors may be in a position to take
action contrary to instructions from the Manager or requests or contrary to
the Companys policies and objectives or fail to take actions as instructed.
If the Company has a right of first refusal or buy/sell right to buy out a
coinvestor/venturer or partner we may be unable to finance such a buyout
if
it becomes exercisable or we may be forced to exercise those rights at a
time when it would not otherwise be in our best interest to do so. If the
Companys interest is subject to a buy/sell right we may not have sufficient
cash available borrowing capacity or other capital resources to allow
the
purchase of such an interest of a coinvestor/venturer subject to the buy/sell
right in which case we may be forced to sell the interest when
otherwise
we would have preferred to retain such interest. The Manager may not be able
to sell a Companys interest in a joint venture on a timely basis or
on
acceptable terms if an exit from the venture is desired for any reason
particularly if the interest is subject to a right of first refusal of the
coinvestor/venturer or partner.
The Manager may structure a joint venture/coinvest relationships in a manner
which could limit the amount the Company participates in the cash flow
or appreciation of an investment.
The Manager may enter into joint venture agreements the economic terms of
which may provide for the distribution of income to the Company otherwise
than in direct proportion to ownership interest in the joint venture. For
example while a coinvestor/venturer may invest an equal amount of capital
in an investment the investment may be structured such that the Company has
a right to priority distributions of cash flow up to a certain target
return while the coinvestor/venturer may receive a disproportionately greater
share of cash flow than the Company is to receive once such target
return has been achieved. This type of investment structure may result in
the coinvestor/venturer receiving more of the cash flow including
appreciation of an investment than the Company would receive. If the Manager
does not accurately judge the appreciation prospects of a particular
investment or structure the agreement appropriately the Company may incur
losses on joint venture/coinvest investments and/or have limited participation
in the profits of a joint venture/coinvest investment either of which could
reduce the ability to make cash distributions to the Members.
Coinvestments with other parties will result in additional risks.
The Company may coinvest in various investments with other investors obtained
by an affiliate of the Manager. It is possible that a coinvestor would
be unable to pay its share of costs which could be detrimental to the Companys
investment in a project unless an alternative source of capital could
be obtained. In the event a third party coinvestor was to become bankrupt
third party creditors could become involved in the project affairs. In
addition the coinvestors could have economic or business interests or goals
which are or which may become inconsistent with the Companys business
interests or goals.
If the Manager enters into joint ventures with affiliates the Company may
face conflicts of interest or disagreements with the joint venture partners
that will not be resolved as quickly or on terms as advantageous to the
Company as would be the case if the joint venture had been negotiated at
armslength with an independent joint venture partner. As a result Member
returns may be decreased by entering into such joint ventures with
affiliates of the Manager.
In the event that the Company enters into a joint venture with any other
program sponsored or advised by the Manager or one of its affiliates the
Company may face certain additional risks and potential conflicts of
interest. Joint venture partners may not desire to sell properties at
the time
the Company desires. Joint ventures between the Company and other Manager
programs will not have the benefit of armslength negotiation of the type
normally conducted between unrelated coventurers. Under these joint venture
agreements none of the coventurers may have the power to control the
venture and an impasse could be reached regarding matters pertaining to the
joint venture including the timing of a liquidation which might have a
negative impact on the joint venture and decrease returns to the Members.
Joint ventures with other Manager programs would also be subject to the risks
associated with joint ventures with unaffiliated third parties.
Risks Related to Our Corporate Structure
We do not set aside funds in a sinking fund to pay distributions so you must
rely on our revenues from operations and other sources of funding for
distributions. These sources may not be sufficient to meet these obligations.
We do not contribute funds on a regular basis to a separate account commonly
known as a sinking fund to pay distributions on the Interests. Accordingly
you will have to rely on our cash from operations and other sources of
liquidity such as borrowed funds and proceeds from sale of the assets for
distribution payments. Our ability to generate revenues from operations in
the future is subject to general economic financial competitive legislative
statutory and other factors that are beyond our control. Moreover we cannot
assure you that we will have access to additional sources of liquidity if our
cash from operations are not sufficient to fund distributions to you. Our
need for such additional sources may come at undesirable times such as during
poor market or credit conditions when the costs of funds are high and/or other
terms are not as favorable as they would be during good market or credit
conditions. The cost of financing will directly impact our results of operations
and financing on less than favorable terms may hinder our ability to
make a profit. Your right to receive distributions on your Interests is junior
to the right of our general creditors to receive payments from us. If we
do not have sufficient funds to meet our anticipated future operating
expenditures
and debt repayment obligations as they become due then you could
lose all or part of your investment. We currently do not have any revenues.
You will have limited control over changes in our policies and operations which
increases the uncertainty and risks you face as a Member.
Our Manager determines our major policies including our policies regarding
financing
growth and debt capitalization. Our Manager may amend or revise
these and other policies without a vote of the Members. Our Managers broad
discretion in setting policies and our Members inability to exert control
over those policies increases the uncertainty and risks you face as a Member.
In addition our Manager may change our investment objectives without
seeking Member approval.
Our ability to make distributions to our Members is subject to fluctuations in
our financial performance operating results and capital improvement
requirements.
Currently our strategy includes paying a monthly distribution to investors
under
this Offering that would result in a return of approximately fifteen
percent (15%) annualized return on investment net of expenses of which there is
no guarantee. Class A Members would receive 65% of the Distributable
Cash as defined in the Companys Operating Agreement. (See SUMMARY OF OPERATING
AGREEMENT.) In the event of downturns in our operating results
unanticipated capital improvements to our properties or other factors we may be
unable or may decide not to pay distributions to our Members. The
timing and amount of distributions are the sole discretion of our Manager who
will consider among other factors our financial performance any
debt service obligations any debt covenants and capital expenditure
requirements.
We cannot assure you that we will generate sufficient cash in
order to pay distributions.
Investors will not receive the benefit of the regulations provided to real
estate
investment trusts or investment companies.
We are not a real estate investment trust and enjoy a broader range of
permissible
activities. Under the Investment Company Act of 1940 an investment
company is defined as an issuer which is or holds itself out as being engaged
primarily or proposes to engage primarily in the business of investing
reinvesting or trading in securities is engaged or proposes to engage in the
business of issuing faceamount certificates of the installment type or
has been engaged in such business and has any such certificate outstanding or
is engaged or proposes to engage in the business of investing reinvesting
owning holding or trading in securities and owns or proposes to acquire
investment securities having a value exceeding 40 per centum of the value of
such issuers total assets (exclusive of Government securities and cash items)
on an unconsolidated basis.
We intend to operate in such manner as not to be classified as an investment
company within the meaning of the Investment Company Act of 1940 as we
intend on primarily holding real estate. The management and the investment
practices and policies of ours are not supervised or regulated by any
federal or state authority. As a result investors will be exposed to certain
risks that would not be present if we were subjected to a more restrictive
regulatory situation.
If we are deemed to be an investment company we may be required to institute
burdensome compliance requirements and our activities may be restricted
If we are ever deemed to be an investment company under the Investment Company
Act of 1940 we may be subject to certain restrictions including
restrictions on the nature of our investments and
restrictions on the issuance of securities.
Insurance Risks
We may suffer significant losses that are not covered by insurance.
The geographic areas in which we invest in properties may be at risk for damage
to property due to certain weatherrelated and environmental events
including such things as severe thunderstorms flooding sinkholes and
hurricanes.
To the extent possible the Manager may but is not required to
attempt to acquire insurance against some of these risks. However such
insurance
may not be available (or may only be available at costprohibitive
costs) in all areas nor are all hazards insurable as some may be deemed acts
of God or be subject to other policy exclusions.
Furthermore an insurance company may deny coverage for certain claims and/or
determine that the value of the claim is less than the cost to restore
the property and a lawsuit could have to be initiated to force them to provide
coverage resulting in further losses in income to the Company.
Additionally properties may now contain or come to contain mold which may not
be covered by insurance and has been linked to health issues.
Federal Income Tax Risks
The Internal Revenue Service may challenge our characterization of material
tax aspects of your investment in the Interests.
An investment in Interests involves material income tax risks which are
discussed in detail in the section of this offering entitled TAX TREATMENT OF
COMPANY AND ITS SUBSIDIARIES starting on page 31. You are urged to consult
with your own tax advisor with respect to the federal state local and
foreign tax considerations of an investment in our Interests. We may or may
not seek any rulings from the Internal Revenue Service regarding any of the
tax issues discussed herein. Accordingly we cannot assure you that the tax
conclusions discussed in this offering if contested would be sustained by
the IRS or any court. In addition our legal counsel is unable to form an
opinion as to the probable outcome of the contest of certain material tax
aspects of the transactions described in this offering including whether we
will be characterized as a dealer so that sales of our assets would give
rise to ordinary income rather than capital gain. Our counsel also gives
no opinion as to the tax considerations to you of tax issues that have an
impact at the individual or partner level.
You may realize taxable income without cash distributions and you may have
to use funds from other sources to fund tax liabilities.
As a Member of the Company you will be required to report your allocable
share of the Companys taxable income on your personal income tax return
regardless of whether you have received any cash distributions from us.
It is possible that your Interests will be allocated taxable income in excess
of
your cash distributions. We cannot assure you that cash flow will be available
for distribution in any year. As a result you may have to use funds
from other sources to pay your tax liability.
You may not be able to benefit from any tax losses that are allocated to your
Interests.
Interests may be allocated their share of tax losses should any arise. Section
469 of the Internal Revenue Code limits the allowance of deductions for
losses attributable to passive activities which are defined generally as
activities in which the taxpayer does not materially participate. Any tax
losses allocated to investors will be characterized as passive losses
and accordingly the deductibility of such losses will be subject to these
limitations. Losses from passive activities are generally deductible only
to the extent of a taxpayers income or gains from passive activities and
will not be allowed as an offset against other income including salary or other
interest royalties annuities and gains from the sale of property held
for investment. Accordingly you may receive no benefit from your share of tax
losses unless you are concurrently being allocated passive income from
other sources.
We may be audited which could subject you to additional tax interest and
penalties.
Our federal income tax returns may be audited by the Internal Revenue Service.
Any audit of the Company could result in an audit of your tax return. The
results of any such audit may require adjustments of items unrelated to your
investment in addition to adjustments to various Company items. In the
event of any such audit or adjustments you might incur attorneys fees court
costs
and other expenses in contesting deficiencies asserted by the
Internal Revenue Service. You may also be liable for interest on any
underpayment
and penalties from the date your tax was originally due. The tax
treatment of all Company items will generally be determined at the Company
level in
a single proceeding rather than in separate proceedings with
each Member and our Manager is primarily responsible for contesting federal
income
tax adjustments proposed by the Internal Revenue Service. In
such a contest our Manger may choose to extend the statute of limitations as to
all Members and in certain circumstances may bind the Members
to a settlement with the Internal Revenue Service. Adjustments to Company items
would continue to be determined at the Company level however and
any such adjustments would be accounted for in the year they take effect rather
than in the year to which such adjustments relate. Our Manager
will have the discretion in such circumstances either to pass along any such
adjustments to the Members or to bear such adjustments at the Company
level.
State and local taxes and a requirement to withhold state taxes may apply and
if so the amount of net cash from open payable to you would be reduced.
The state in which you reside may impose an income tax upon your share of our
taxable income. Further states in which we will own properties may
impose income taxes upon your share of our taxable income allocable to any
Company property located in that state. Many states have implemented or
are implementing programs to require companies to withhold and pay state income
taxes owed by nonresident Members relating to incomeproducing
properties located in their states and we may be required to withhold state
taxes from cash distributions otherwise payable to you. You may
also be required to file income tax returns in some states and report your
share
of income attributable to ownership and operation by the Company
of properties in those states. In the event we are required to withhold state
taxes from your cash distributions the amount of the net cash from
operations otherwise payable to you would be reduced. In addition such
collection
and filing requirements at the state level may result in
increases in our administrative expenses that would have the effect of reducing
cash available for distribution to you. You are urged to consult
with your own tax advisors with respect to the impact of applicable state and
local taxes and state tax withholding requirements on an investment
in our Interests.
Legislative or regulatory action could adversely affect investors.
In recent years numerous legislative judicial and administrative changes have
been made in the provisions of the federal income tax laws applicable
to investments similar to an investment in our Interests. Additional changes
to the tax laws are likely to continue to occur and we cannot assure
you that any such changes will not adversely affect your taxation as a Member.
Any such changes could have an adverse effect on an investment in
our Interests or on the market value or the resale potential of our properties.
You are urged to consult with your own tax advisor with respect to
the impact of recent legislation on your investment in Interests and the status
of legislative regulatory or administrative developments and
proposals and their potential effect on an investment in our Interests.
DETERMINATION OF OFFERING PRICE
Our Offering Price is arbitrary with no relation to value of the company. This
Offering is a selfunderwritten offering which means that it does not
involve the participation of an underwriter to market distribute or sell the
Class A Interests offered under this offering.
If the maximum amount of Class A Interests are sold under this Offering the
purchasers under this Offering will own 100% of the Class A Interests
outstanding.
If the minimum amount of Class A Interests are sold under this Offering the
purchasers under this Offering will own 100% of the Class A Interests
outstanding.
If some amount of Class A Interests are sold under this Offering between the
above maximum and minimum amount of this Offering the purchasers under
this Offering will own 100% of the Class A Interests.
PLAN OF DISTRIBUTION
This Offering shall remain open for one year following the Qualification Date
of this Offering unless earlier terminated by the Manager in its sole
and absolute discretion provide that the Manager may extend the Offering an
additional sixmonth period so long as it is compliant with the qualification
requirements of the Commission.
The Class A Interests (Interests) are selfunderwritten and are being offered
and
sold by the Company on a minimum/maximum basis. No compensation will
be paid to any principal the Manager or any affiliated company or party with
respect to the sale of the Class A Interests. This means that no
compensation will be paid with respect to the sale of the Class A Interests to
Mr. Singh or affiliated companies. We are relying on Rule 3a41 of the
Securities Exchange Act of 1934 Associated Persons of an Issuer Deemed not to
be Brokers. The applicable portions of the rule state that associated
persons (including companies) of an issuer shall not be deemed brokers if they
a) perform substantial duties at the end of the offering for the issuer
b) are not broker dealers and c) do not participate in selling securities more
than once every 12 months except for any of the following activities
i) preparing written communication but no oral solicitation or ii) responding
to
inquiries provided that the content is contained in the applicable
registration statement or iii) performing clerical work in effecting any
transaction. Neither the Company its Manager nor any affiliates conduct any
activities that fall outside of Rule 3a41 and are therefore not brokers nor
are they dealers. All subscription funds which are accepted will be
deposited directly into the Companys account. This account is not held by
an escrow agent. Subscription funds placed in the segregate Company account
may only be released if the Minimum Offering Amount is raised within the
Offering Period. The purchase price for the Class A Interests is $1000 per
Interest with a minimum purchase of (10) ten Interests. The Company will
raise a minimum of $1000000 prior to funds being released to the Company.
If the Company does not raise the Offering Amount within the Offering
Period all proceeds raised to that point will be promptly returned to
subscribers of
Class A Interests prorata with interest if any. Subscription Agreements
are irrevocable.
The Company plans use the NRS II Capital LLCs current network of real
estate investors to solicit investments as well as various forms of
advertisement.
The Company subject to Rule 255 of the Securities Act of 1933 and
corresponding state regulations is permitted to generally solicit investors
by using
advertising mediums such as print radio TV and the Internet. We will
offer the securities as permitted by Rule 251 (d)(1)(iii) whereby offers
may be
made after this Offering has been qualified but any written offers must
be accompanied with or preceded by the most recent offering circular filed
with
the Commission for the Offering. The Company plans to solicit investors
using the Internet through a variety of existing internet advertising
mechanisms
such as search based advertising search engine optimization and the
Company website at www.nrsiicapital.com
Please note that the Company will not communicate any information to
prospective investors except as may be permitted under applicable
securities laws
without providing access to the Offering. The Offering may be delivered
through the website that is in the process of being developed through email
or by hard paper copy.
However received or communicated all of our communications will be Rule 255
compliant and not amount to a free writing prospectus. We will not orally
solicit investors and no sales will be made prior to this offering statement
being declared qualified and a final Offering is available.
Investments will be processed on a first come first served basis up to the
Offering Amount of $150000000.
The minimum accepted from any Subscriber is $250000. Subscription funds may
remain in the Companys segregated account up until such time of a
purchase of real estate asset or the repayment of a note payable to an
affiliate of the Manager in which the proceeds were used to purchase a real
estate asset or pay the Companys expenses.
The Offering Period will commence upon the Offering Statement being declared
qualified.
No sale will be made to a prospective investor if the aggregate purchase price
payable is more than 10% of the greater of the prospective investors
annual income or net worth. Different rules apply to accredited investors and
nonnatural persons.
Periodically the Manager will report to the Members and will supplement this
Offering with material and/or fundamental changes to our operations. We
will also provide updated financial statements to all Members and prospective
Members.
In compliance with Rule 253(e) of Regulation A the Manager shall revise this
Offering Statement during the course of the Offering whenever information
herein has become false or misleading in light of existing circumstances
material developments have occurred or there has been a fundamental change
in the information initially presented. Such updates will not only correct such
misleading information but shall also provide update financial statements
and shall be filed as an exhibit to the Offering Statement and be requalified
under Rule 252.
USE OF PROCEEDS
The net proceeds to us from the sale of up to 150000 Class A Interests offered
at an offering price of $1000 per Interest will vary depending upon the
total number of Class A Interests sold. Regardless of the number of Class A
Interests sold we expect to incur Offering expenses estimated at approximately
$580000 for legal accounting marketing and other costs in connection with this
offering. The table below shows the intended net proceeds from this
offering indicating scenarios where we sell various amounts of the Class A
Interests. There is no guarantee that we will be successful at selling any
of the securities being offered in this Offering. Accordingly the actual amount
of proceeds we will raise in this offering if any may differ.
Technology fees will be paid to Crowdstreet for the use of their software for
the purposes of processing subscriptions and account management.
Computershare will act as our transfer agent with an initial cost of $1500 and
annual fee of $4200. Thereafter costs will be dependent on the
number of investors at $3.50 per investor. It is intended that much of this
will
be an operational cost. The Company has estimated that costs for
marketing the offering will be less than 1% of the total amount raised.
(2) The Company does not intend on paying selling commissions or fees. In
the event that the Company enters into an agreement with a licensed
broker dealer this Offering and Use of Proceeds table will be amended
accordingly.
(3) During the first three (3) years the Manager or its designated
affiliate(s)
will receive an asset management fee equal to 1% of the total
aggregate capital commitments. Thereafter the Manager or its designated
affiliate(s)
will receive an asset management fee of 1% of the total Capital
Contributions (less the allocable portion of Capital Contributions allocated
to any
Fund Asset subject to a Capital Transaction) until such time as the
Fund is liquidated. For the avoidance of doubt the first day of the month
following the day on which a Capital Transaction occurs Management Fee will be
calculated based on the total Capital Contributions less the allocable portion
of capital attributable to the Capital Transaction. The Asset Management
Fee shall be paid no more frequently than monthly at the sole discretion of the
Manager. It is anticipated that these costs will be paid from cash
generated from operations.
(4) The Manager will be paid a one percent (1%) Acquisition Fee based on the
acquisition price of a property. This number assumes the leverage of
the properties.
(5) We plan to primarily purchase multifamily properties but will consider
opportunistic commercial real estate assets such as selfstorage
warehouse and industrial office and retail properties with the proceeds from
this
Offering.
(6) We believe acquisition related and closing costs could be between 1% and
3% of the value of the acquisition with an average of 2%. These costs
could include travel to states in which we purchase multifamily properties and
commercial properties research costs closing costs and other costs. Our
ability to quantify any of the expenses is difficult as they will all depend
on size of deal price due diligence performed (such as appraisal
environmental property condition reports) legal and accounting etc. We expect
the related acquisition costs to be correlated with the price of the
property.
(7) Costs associated with portal costs transfer agent fees and working capital
for the next 12 months.
(8) Costs for accounting and legal fees associated with being a public company
for the next 12 months. It is anticipated that these costs will be
paid from cash generated from operations.
The Use of Proceeds sets forth how we intend to use the funds under the various
percentages of the related offering. All amounts listed are estimates.
The net proceeds will be used for ongoing legal and accounting professional
fees
(estimated to be between $65000 and $75000 depending on our money
raise and acquisitions for the next 12 months) working capital for the creation
of a investor portal for the next 12 months and for the costs associated
with acquiring properties such as broker price opinions closing costs title
reports
recording fees accounting costs and legal fees. We determined
estimates for ongoing professional fees based upon consultations with our
accountants
and lawyers and operating expenses and due diligence costs based
upon the Managers real estate industry experience.
As of November 3 2023 the Manager has incurred $12000 to the Company for
offering
expenses and the balance will be paid by the Manager regardless of
the number of Interests sold. Our Offering expenses are comprised of legal and
accounting
expenses SEC and EDGAR filing fees printing and transfer
agent fees. Our Manager will not receive any compensation for their efforts in
selling
our Class A Interests.
The Manager will pay the offering expenses of $580000 regardless of the amount
of Class
A Interests we sell and will only be reimbursed if the Company
raises a minimum of $1000000. If we sell at least 1000 Class A Interests we
believe that
we will have sufficient funds to continue our filing
obligations as a reporting company for the next 12 months. We intend to use the
proceeds
of this offering in the manner and in order of priority set
forth above. We do not intend to use the proceeds to acquire the assets of or
finance the
acquisition of other businesses. At present no material
changes are contemplated. Should there be any material changes in the
projected use of
proceeds in connection with this Offering we will issue an amended
Offering reflecting the new uses.
In all instances after the qualification of this Form 1A the Company will
need some amount of working capital to maintain its general existence and
comply with its reporting obligations. In addition to changing allocations
because of the amount of proceeds received we may change the use of proceeds
because of required changes in our business plan. Investors should understand
that we have wide discretion over the use of proceeds. Therefore management
decisions may not be in line with the initial objectives of investors who will
have little ability to influence these decisions.
SELECTED FINANCIAL DATA
The following summary financial data should be read in conjunction with
MANAGEMENTS DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION and the Financial
Statements and Notes thereto included elsewhere in this Offering Circular.
The statement of operations and statement of assets liabilities and members'
equity data from inception through the period ended November 3 2023 is derived
from the audited financial statements.
At
Nov 3
2023
TOTAL ASSETS $ 12000
TOTAL LIABILITIES 12000
TOTAL MEMBERS EQUITY
TOTAL LIABILITIES AND MEMBERS EQUITY $ 12000
Inception
(October 12 2023 (inception) to November 3 2023
Revenues $ 0
Expenses $ 0
Net Income (Loss) $ 0
Earnings per Interest $ .0
MANAGEMENTS DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF
OPERATIONS
The following discussion and analysis should be read in conjunction with
our financial statements and the notes thereto contained elsewhere in this
Offering Circular.
Critical Accounting Policies
Section 107 of the JOBS Act provides that an emerging growth company can
take advantage of the extended transition period provided in Section 7(a)(2)(B
of the Securities Act for complying with new or revised accounting standards
that have different effective dates for public and private companies. We have
elected to take advantage of this extended transition period and thus our
financial statements may not be comparable to those of other reporting
c
ompanies. Accordingly until the date we are no longer an emerging growth
company or affirmatively opt out of the exemption upon the issuance of a
new
or revised accounting standard that applies to our financial statements
and has a different effective date for public and private companies we will
disclose the date on which adoption is required for nonemerging growth
companies and the date on which we will adopt the recently issued accounting
standard.
Cautionary Statement Regarding ForwardLooking Statements
With the exception of historical matters the matters discussed herein
are forwardlooking statements that involve risks and uncertainties.
Forwardlooking statements include but are not limited to statements
concerning anticipated trends in revenues and net income projections concerning
operations and available cash flow. Our actual results could differ
materially from the results discussed in such forwardlooking statements. The
following discussion of our financial condition and results of operations
should be read in conjunction with our financial statements and the related
notes thereto appearing elsewhere herein.
Background Overview
NRS Equity Fund I LLC was formed in the State of Delaware on October 12 2023.
We have no plans to change our business activities or to combine with
another business and we are not aware of any events or circumstances that
might cause our plans to change. The Manager of the Company do not have any
plans or arrangements to enter into a change of control business combination
or similar transaction or to change management.
The Companys overall strategy is to purchase multifamily and commercial
property
in the south and southeastern United States initially but will not
limit itself geographically. The Company intends on purchasing income
producing
real estate and will vary across multiple classes such as multifamily
retail properties selfstorage facilities office buildings warehouse and
industrial properties and mixeduse properties so long as the property
produces income of at least three (3%) percent cash on cash return. The
Company will attempt to achieve an overall Company internal rate of return
(IRR) of fifteen (15%) percent per year net of expenses.
The Company will be owned by the Manager and Members and will have a
Membership which may include but is not limited to individuals individual
retirement accounts entities trusts banks and other financial institutions
endowments and pension funds.
The Company hopes to offer its Members the opportunity to earn 65% of the
Companys realized profits which shall be distributed to the Class A Members
in proportion to each Members respective Capital Contribution. The Manager
NRS II Capital LLC will exclusively manage the Company.
We are currently searching for properties and hope to acquire a property
immediately after raising the Minimum Offering amount. We expect that we
will
be finished with the process of qualification by the middle of the summer
and commence our fundraising by the end of summer. Thereafter we will
aggressively search for properties. We hope that by end of the summer of
2024 we will have acquired our first property. Acquisitions will depend
highly the availability of properties that meet or investment criteria.
As we search for properties we intend to expend capital in accordance with
our Use of Proceeds. If we raise the minimum amount of $1000000 we will
incur expenses related with the operation of the Company and the continuing
expenses related to being a reporting company under the requirements of
Tier 2 Regulation A. To finish this Form 1A we believe we will need a minimum
of $80000. Depending on how much capital we raise will depend on how much
capital we will need for working capital marketing expenses and
professional
fees. Our Manager believes that if we only raise the minimum amount very
little will be needed for working capital. However the more money is
raised
the more resources will be needed to in order to run the Company effectively
and thus more working capital will be needed. Our Manager is committed
to
such capital it will most likely be in the form of purchasing Interests in
the Company. Such terms and conditions have not yet been agreed to.
Results of Operations
For the period ended Nov 3 2023 (unaudited)
We expect to generate no revenues for the period ending Nov 3 2023. We do
not have any current activities. We have
generated expenses of $0 from inception October 12 2023 (inception) to
November 3 2023.
..
Total expenses
From inception October 12 2023 (inception) to November 3 2023 we have not
generated any expenses.
Assets
We currently have $12000 in deferred offering costs
Liabilities
We currently have $12000 in related party advances.
Liquidity and Capital Resources
As of November 3 2023 the Company had $0 in cash and total liabilities of
$12000. The Company hopes to raise $150000000 in this Offering with a
minimum of $1000000 in funds raised. If we are successful at raising the
minimum amount of this Offering we believe that such funds will be sufficient
to fund our expenses over the next twelve months which we currently
estimate to be $100000 that will be financed by our manager in the event we
raise
less than $1000000. Although we intend on identifying multifamily and
commercial properties for acquisition with our proceeds there is no guarantee
that we will acquire any such investments. Acquisition will depend highly
on our funding the availability of those funds the availability of
multifamily and commercial properties that meet or investment criteria and
the size of such liens to be acquired. Upon the qualification of the
Form 1A the Company plans to pursue its investment strategy of multifamily
and commercial properties acquisition. There can be no assurance of the
Companys ability to do so or that additional capital will be available to
the Company. If so the Companys investment objective of acquiring
multifamily and commercial properties will be adversely affected and the
Company may not be able to pursue an acquisition opportunity if it is
unable
to finance such acquisitions. The Company currently has no agreements
arrangements or understandings with any person to obtain funds through
bank
loans lines of credit or any other sources. Since the Company has no
such arrangements or plans currently in effect its inability to raise
funds
for the above purposes will have a severe negative impact on its ability
to remain a viable company.
Related Party Transactions
Since our formation we have raised capital from our Manager. The Manager
has provided cash for Company startup costs of which $12000 has already
been recorded as of the date of the financial statements of the Company
(Nov 3 2023.) This was recorded as a related party advance from the Manager.
It is expected that the Manager will be reimbursed for these expenses
and other expenses to be incurred in connection with this Offering. The
Manager
will only request reimbursement once the Company has raised more than
$1million and will limit such reimbursements to $100000 should only $1million
be raised. The Manager received Class B Interests at formation as founders
interests for no consideration Class B Interests are subordinated to our
Class A Interests.
OffBalance Sheet Arrangements
We do not have any offbalance sheet arrangements that have or are reasonably
likely to have a current or future effect on our financial condition
changes in financial condition revenues or expenses results of operations
liquidity capital expenditures or capital resources that is material to
investors.
Changes In And Disagreements With Accountants On Accounting And Financial
Disclosure
None.
Employees
Our Manager is NRS II Capital LLC will be assigning the management
responsibilities to an affiliate NRS Real Estate Acquisitions LLC (NRSREA).
NRSREA has of one (1) principal. Currently Nitin R Singh is the principal of
our Manager and NRSREA and devotes a significant portion of his working
hours to our Company without a salary. For more information on our personnel
please see MANAGER EXECUTIVE OFFICERS PROMOTERS AND CONTROL PERSONS.
Initially Mr. Singh will coordinate all of our business operations. NRS II
Capital LLC or its affiliate NRSREA has provided the working capital to
cover our initial expenses. We plan to use consultants attorneys accountants
and other personnel as necessary. We believe the use of nonsalaried
personnel allows us to expend our capital resources as a variable cost as
opposed to a fixed cost of operations. In other words if we have insufficient
revenues or cash available we are in a better position to only utilize
those services required to generate revenues as opposed to having salaried
employees. Any expenses related to the Offering will be charged to the Company.
For example any costs associated with raising capital such as escrow transfer
marketing audit legal and technology fees will be borne by the Company. However
those costs associated with overall management of the Company and the
management
and acquisition of the properties shall be borne by the Manager except those
capitalized expenses related to specific properties.
Our Manager is spending the time allocated to our business in handling the
general business affairs of our Company such as legal tax and accounting
issues including review of materials presented to our auditors working with our
counsel in preparation of filing our Form 1A developing our business
plan and researching investment opportunities and possible multifamily property
and commercial real estate acquisitions. Upon qualification and successful
capital raise the principal and employees of NRSREA will devote additional
working hours to NRS Equity Fund II.
INVESTMENT POLICIES OF COMPANY
In all types of investment our policies may be changed by our Manager without
a vote by Members.
We will seek out multifamily properties residences for purchase throughout
Florida Georgia North Carolina South Carolina and Texas but may find
opportunities in other states. We expect 100% of our portfolio will consist
of real estate properties.
We intend to evaluate each property in the following manner
1. Obtain property information on its condition estimated costs
for rehabilitation if any and feasibility of possible improvements
2. Using historical rental rates and vacancy rates
3. Obtain similar available information of comparable properties
in the area including recent sales prices analyzing rental values vacancy
rates and operating expenses review crime statistics for the area review school
information review economic data review any other relevant market information
and
4. Using the above information perform analysis with hypothetical
scenarios to determine expected profit.
5. Due to the expected size of the properties we intend to acquire
we expect that more than 25% of Company assets will be invested into a
single real estate asset upon full capitalization of the Company
Further potential investors should be advised
a) We do not intend to issue senior securities.
b) We will borrow money collateralized by our properties with up
to an 80% value of our real estate assets.
c) We have no intention of initiating personal loans to other persons.
d) We have no intention of investing in the securities of other issuers
for the purpose of exercising control.
e) We have no intention to underwrite securities of other issuers.
f) We may engage in the purchase and sale (or turnover) of investments
that are not real estate related at
some time in the future.
g) We may offer our securities in exchange for property.
h) We may acquire other securities of other funds so long as those funds
are real estate related.
i) We intend to make annual or other reports to security holders including
1Ks 1SAs 1Us and exit reports on Form 1Z as deemed necessary. Such reports will
include the required financial statements.
As market conditions change our policies for both investments and borrowing
will
be
evaluated and updated as necessary to safeguard Member equity and
increase Member returns. We will update our Members via 1Us within a few
business
days 1SAs semiannually and other Member reports if there are any
changes in our investment policy or our borrowing policies.
POLICIES WITH RESPECT TO CERTAIN TRANSACTIONS
Our policy with respect to our Manager concerning certain transactions is as
follows
We do not intend on issuing senior securities but may at some time in the
future.
We have no interest currently in underwriting securities of others or
purchasing securities or assets other than real property assets and
securities.
We may encumber our properties that we acquire with bank financing but
we intend that such financing will generally not exceed 80% of the value of
the property.
Conflicts of Interest
Our Manager and its affiliates experience conflicts of interest in connection
with the management of our business. Some of the material conflicts that
our Manager and its affiliates face include the following
1. Our Manager manages other investment opportunities and funds
outside of the Company including
those that have similar investment objectives as the Company.
2. The Manager will most likely enlist the services of a thirdparty
in order to manage our assets. The
negotiation for the compensation for that thirdparty will be at market rates.
3. The terms of our operating agreement (including the Managers
rights and obligations and the
compensation payable to our Manager and its affiliates) were not negotiated at
arms length.
4. Our Members may only remove our Manager for cause following the
affirmative vote of Members
holding 75% of the Class A interests. Unsatisfactory financial performance does
not constitute cause
under the operating agreement.
Allocation of Investment Opportunities
We rely on our Managers members who act on behalf of our Manager to
1. Identify suitable investments. Our other funds and entities also
rely on these same key real estate professionals. Our Manager has in the
past and expects to continue in the future to offer other investment
opportunities
including offerings that acquire or invest in multifamily real estate
commercial real estate or real estate equity investments and other select real
estate
related assets.
2. These additional programs may have investment criteria that compete
with us. If a sale financing investment or other business
opportunity would be suitable for more than one program our Manager will
allocate
it using its business judgment. Any allocation of this type may
involve the consideration of a number of factors that our Manager determines to
be relevant. The factors that our Managers real estate professionals
could consider when determining the entity for which an investment opportunity
would be the most suitable include the following
the investment objectives and criteria of our Manager and other
entities
the cash requirements of our Manager and other entities
the effect of the investment on the diversification of our Managers
and other entities portfolio by type of investment and risk of
investment
the policy of our Manager and other entities relating to leverage
the anticipated cash flow of the asset to be acquired
the income tax effects of the purchase on our Manager or the other
entities
the size of the investment and
the amount of funds available to our Manager or the other entities.
3. If a subsequent event or development causes any investment in the
opinion of our Managers real estate professionals to be more
appropriate for another entity they may offer the investment to such entity.
4. Except under any policies that may be adopted by our Manager which
policies are designed to minimize conflicts among the programs and
other investment opportunities no program has any duty responsibility or
obligation
to refrain from
engaging in the same or similar activities or lines of business as
any program
doing business with any potential or actual tenant lender purchaser
supplier customer or competitor of any program
engaging in or refraining from any other activities whatsoever
relating to any of the potential or actual tenants lenders purchasers
suppliers or customers of any program
establishing material commercial relationships with another program
or
making operational and financial decisions that could be considered
to be detrimental to another program.
In addition any decisions by our Manager to renew extend modify or terminate an
agreement or arrangement or enter into similar agreements or
arrangements in the future may benefit one program more than another or limit or
impair the ability of any program to pursue business opportunities. In
addition third parties may require as a condition to their arrangements or
agreements with or related to any one particular program that such arrangements
or agreements include or not include another program as the case may be. Any
of these decisions may benefit one program more than another.
Receipt of Fees and Other Compensation by our Manager and its Affiliates
Our Manager and its affiliates will receive substantial fees from us which fees
will not be negotiated at arms length. These fees could influence our
Managers advice to us as well as the judgment of affiliates of our Manager.
Among other matters these compensation arrangements could affect their
judgment with respect to
the continuation renewal or enforcement of provisions in our
operating agreement involving our Manager and its affiliates
public offerings of equity by us which will likely entitle
our Manager to increased acquisition fees asset management fees and other
fees
acquisitions of investments at higher purchase prices which
entitle our Manager to higher acquisition fees and asset management fees
regardless of the quality or performance of the investment and in the case
of acquisitions of investments from other entities might entitle affiliates
of our Manager to disposition fees in connection with services for the seller
borrowings up to or in excess of our stated borrowing policy
to acquire which borrowings will increase asset management fees payable
by us to our Manager
whether and when we seek to sell our Company or its assets and
whether and when we merge or consolidate our assets with other
companies including companies affiliated with our Manager.
No Independent Underwriter
As we are conducting this offering without the aid of an independent
underwriter
you will not have the benefit of an independent due diligence review
and investigation of the type normally performed by an independent underwriter
in connection with the offering of securities. See Plan of Distribution.
DESCRIPTION OF BUSINESS
We currently do not have any real properties. We do not lease or own any real
property. Our website may be found at www.nrsiicapital.com. We do not pay
rent for our corporate headquarters which is leased by an affiliate of the
Manager. We believe that this space will be sufficient for the long term.
OVERVIEW
NRS Equity Fund I LLC is an emerging growth company which was formed on October
12 2023. We have commenced only limited operations exclusively focused
on organizational matters in connection with this offering. We intend on
generating revenues from rents to tenants for multifamily and in certain
circumstances office selfstorage warehouse and industrial properties which the
Company acquires.
We have no plans to change our business activities or to combine with another
business and we are not aware of any events or circumstances that might
cause our plans to change. The Company does not have any plans or arrangements
to enter into a change of control business combination or similar
transaction or to change management.
We are offering the Interests herein on a minimum/maximum basis. The Company
will raise a minimum of $1000000 prior to using proceeds from this
Offering to acquire properties in the United States with a specific focus on
markets in the states of Florida Georgia North Carolina South Carolina
and Texas. We expect to use the net proceeds from this Offering to pay for
our operating costs in connection with this Offering including marketing
costs and ongoing legal and accounting fees and to finance costs associated
with acquiring properties such as broker price opinions title reports
recording fees accounting costs and legal fees.
Special Purpose Entities
Throughout the Offering Circular in reference to acquisitions the Company
intends to acquire interests in special purpose entities also known as
SPEs. The SPEs will hold title to property acquisitions. The Company in
turn will invest in the SPE.
Objectives
The Company has definite objectives to fulfill its strategy. These include
Penetrate the market of providing real estate opportunities
for qualified individuals and/or business entities interested in achieving
financial success by taking advantage of real estate investment opportunities
in the central and southeastern United States and potentially across the
contiguous United States (however the Company will not limit itself
geographically) and
Increasing profits as allowed by market conditions.
The Company will look to buy multifamily properties in growth areas for the
best possible price thereby giving the Company an instant competitive
advantage. A potential investor should note that the above criteria is
subject to change according to market conditions.
Project investments may be individual or multiple properties and will
generally consist of Class A & B assets with 200 to 500 units and range in
price
from $20$175 Million.
Generally the Fund will seek opportunities which meet the following
criteria
Type of Investment Income
Acquisition Cap Rate 4%+
ProForma Cap Rate 5%+
Cash on Cash at Purchase 3%
Cash on Cash at ProForma 7%+
Leverage 60% 80%
IRR based on 10Yr Hold 15%
Existing Occupancy 80100%
Capital Improvement Minimal to $15000/unit
Investment Strategy
The Company is seeking to invest in a diversified portfolio of income producing
real estate assets and real estate related assets throughout the United
States specifically in the central and southeastern United States. Initially
the Company intends to target multifamily properties but may acquire
other property types that meet its investment objectives.
The Company may also purchase additional properties or make other real estate
investments in other property types including office retail and industrial
properties so long as such properties are cash flow positive thus providing for
a monthly distribution to the Members. It is expected that the proceeds
from this Offering will initially be used to purchase multifamily properties.
We believe that there is an opportunity to create attractive total returns by
employing a strategy of investing in a portfolio of such investments which
are wellselected wellmanaged and disposed of at an optimal time. Our principal
targeted assets are investments in properties if compelling opportunities
arise that present superior opportunities for abovemarket returns that have
quality construction and desirable locations which can attract quality
tenants. These types of investments are or relate to properties generally
located
in central business districts or suburban markets of primary and
secondary metropolitan cities primarily located in the central and southeastern
United States.
To this end the Companys overall strategy is to
1) Identify Class A and Class B multifamily apartment communities in
quality locations in the Companys target markets where the Company
can add significant value through thirdparty handson management and/or
appreciation potential
2) Buy those communities at belowmarket prices or at market prices
where there is sufficient upside potential to obtain abovemarket
returns over the long term
3) Make physical alterations and other improvements to those communities
where the Company can achieve significant benefit with minimal
capital outlay and
4) Through thirdparty management increase the rents to increase the
overall value of the property.
Due Diligence & Financing
When the Company identifies a location or a potential property it will secure
the necessary financing sign a contract and place an escrow deposit to
be held with the designated escrow agent. The Company will take the time
necessary to complete all its due diligence to the property including site
inspection reviewing all leases income and expenses as well as securing a
first mortgage on the property. After the due diligence process has been
completed the Company will determine whether the property is suitable or not.
If property is not suitable the Company will cancel the contract and look
for the next opportunity.
Refinancing
During the initial 1236 months of owning and managing the property the Company
will analyze the market conditions in the area where the project is
located. Simultaneously we will investigate current interest rates. The
Company will then decide whether the property should be maintained refinanced
restructured (i.e. condominium conversion) or sold (disposition).
Real Estate Investment Life Cycle
As shown below the life cycle of a multifamily and commercial real estate
property varies on an individual property basis but generally all properties
experience periods of development stabilization and decline. The art of
real estate investment is determining at what cycle to invest and ultimately
when to exit. A large part of being an effective real estate investor is
knowing when to leave and not holding on to the property too long. It is
the
view of the Company that understanding and capitalizing on each period
will maximize returns to investors.
The Company intends to purchase properties which the Manager believes
will generate income from rents as well as growth from subsequent
improved
valuations. The Company will concentrate its investments on properties
that
Primarily increase value of the property through
increasing streams of income through thirdparty management.
The Company intends to concentrate its investments on real estate
properties that
Tend to be at or below prevailing geographical market
values and Provide reasonably anticipated returns to investors.
The Manager may elect to expand or contract the Companys capitalization as
needed to prudently meet the demands for the investment market and to
further assure that the rates of return for investors are met or exceeded.
The Manager believes that with the current environment is conducive to
purchasing a portfolio real estate properties with good market value a
strong potential of producing rent once stabilized or proven histories of
producing income.
The multifamily market dynamics have been driven by favorable supply/demand
fundamentals driven by a limited new construction pipeline echo boomers
and immigrants entering the rental market and a lower home ownership rate
due to tighter lending guidelines. The future of the multifamily market
also
looks bright as unemployment rates continue to fall and more individuals
will move out on their own and millennials entering the market will not
peak
until around 2020.
With the real estate market continuing to see market valuations increase
during the past ten (10) years the Company anticipates that if a down turn
would occur that the Multifamily markets in the Texas and the Southeastern
United States will be impacted the least. That is because we anticipate
seeing a continued population growth in this section of the nation as
companies relocate to these states and as more baby boomers continue to
retire
and relocate to the southern states. We believe that renters will gravitate
to newer product in the market place and will locate in cities with easy
access to entertainment restaurants and shopping convenience. As developers
seek exits we will focus on larger and newer properties. Since this is
a very competitive space with institutional capital the Company will
continue to seek smaller to midsized multifamily properties which can be less
efficient and competition in this segment is typically amongst individual
and family buyers. The inefficiency in this segment often creates excellent
investment opportunities.
The Manager acknowledges that real estate market fundamentals constantly shift.
The Company will remain cognizant of changes to the market and will
adjust strategies as appropriate in order to best serve our investment
partners as stewards of their capital and their trust. While the Manager
anticipates achieving this investment objective in the timeframe referenced
it is possible that the time frame may be longer than anticipated
and an Investor should be financially capable of having their money invested
in the Company for an indefinite period of time.
Market Outlook and Opportunity
The Manager believes that there is a market opportunity due to the following
factors
Rental Rates continue to rise as vacancy rates decline
Rent growth is pacing just ahead of the overall rate of inflation which stands
at 2.6% 1 as of the latest data release and is a bit slower than
growth in GDP which has increased by 2.9% over the past twelve months. Further
rents continue to increase in 57 of the 100 largest cities in the
Rental demand is expected to grow rapidly through 2024 as the echo boomers enter
prime renter age. Immigration is bringing millions of additional renters into
the market as well.
Changes in New Supply
In the past year there has been an increase in building on an average basis over
previous years since the Great Recession. It may be expected that rent
growth will continue soften in 2018 while the lack of affordable rentals will
continue in accordance with predicted housing market trends for 2018.5 The
country is seeing the highest level of newsupply since the late 1980s.
National rent growth was negative in the fall of 2017 after two years of flat
rent growth during the same time of year. Apartment List attributes the
negative growth to the current glut of new multifamily units. Developers plan
to deliver more than 100000 new units per quarter nationwide from mid2017
to mid2018 up from 80000 over the past year and the market is on track to
deliver over 250000 new units in Reis top 82 markets in 2017. This marks
the highest level of newsupply growth since the late 1980s.
The number of renter households in the U.S. increased by 19.2% between 2005 and
2016 from under 37 million to nearly 45 million. During the same period
the number of owner households increased by 0.9% from 74 million to 75
million. Despite millennial movement into homeownership Apartment List predicts
the overall number of renter households will continue to grow.
Acquisition of Properties
The Company will invest directly in multifamily investment properties located
in
the United States. Specifically the Manager will search for multifamily
real estate in stable and growth markets in Florida Georgia North Carolina
South
Carolina and Texas. Stable and growth market characteristics
include job and household formation growth resulting in rising occupancy levels
and rising rents. Numerous other factors contribute to the market
determination process including but not limited to population growth valuation
trends occupancy trends demographic composition economic conditions
and supply trends.
The Company intends to employ a rigorous underwriting process including proper
due diligence market valuation studies and total return analyses. The
Company plans to primarily invest in properties with strong cash flow which are
stable with opportunities to immediately improve property value post
acquisition. The Company intends to also work to improve the net operating
income of each investment by improving revenue and operating margins thereby
raising property value.
The Manager will acquire properties with cash flow at the time of acquisition.
Upon acquisition the Manager intends to provide strategic physical and
operational improvements to maximize investment return but these enhancements
should function as yield improvements and are not necessary to the safe
performance of the investment. In this way the Company effectively reduces
risk and improves performance by assuring that each individual investment has
multiple forces working to augment cash flow and property value.
Identifying Properties for Purchase
The Manager will use its extensive network and highly specialized criteria
for identifying quantifying and qualifying investment opportunities.
The Manager intends to saturate its extensive relationships and network in
each identified market to identify the very best opportunities. The Manager
has established and maintained a comprehensive network of developers banks
brokers and other financial institutions which allow a strong market
presence in target markets and robust market intelligence strengthening our
ability to identify properties within the Companys criteria often
before entering into a market. This local knowledge and network of
professional with deep knowledge of our target asset classes we feel gives
the
Company a competitive and strategic advantage.
The Managers goal is to identify the right property in the right market and
potentially acquire it before it even hits the general market.
PostPurchase Strategies
The Manager intends that the properties will be held for the duration of the
Company until the property is refinanced or sold. The Company intends to
operate for ten (10) years.
The Company intends to hold properties with the intention of increasing values
prior to sale of the property. The Company intends to use thirdparty
management to cure inefficiencies in the management cure deferred maintenance
and deploy strategic capital upgrades aimed increasing income and
enhancing investor returns. The increase in cashflow should result in an
increase in value so that the Company may sell or refinance the property for
a profit at its proposed exit time of ten (10) years.
The Company does not intend to take on projects that require extensive
construction
or rehab but rather properties that will cash flow immediately. The
Company will look to maximizing cash flow until sale refinance or other
disposition. The Company will also analyze market conditions and support the
investment with multiple exit strategies to optimally exit each investment.
Due Diligence & Financing
When the Company identifies a location or a potential property it will secure
the necessary financing sign a contract and place an escrow deposit to be
held with the designated escrow agent. The Company will take the time
necessary to complete all its due diligence to the property including site
inspection reviewing all leases income and expenses as well as securing a
first mortgage on the property. After the due diligence process has been
completed the Company will determine whether the property is suitable or
not.
If property is not suitable the Company will cancel the contract and look
for the next opportunity. If the property is suitable it will proceed to
close typically within 45 to 60 days.
Joint Venture Partners
The Company may acquire Properties or other real estate related investments
from or invest coinvest joint venture or participate with affiliates
of our Manager or other real estate developers and investors as determined
by the Manager in its sole discretion. The purchase price of any Property or
real estate related investment acquired from or sold to an affiliated party
will be based upon the fair market value of the asset established by a
thirdparty appraisal or fairness opinion that is dated within the last 120
days prior to the transaction.
The Manager has relationships with real estate entrepreneurs (sponsors) with
whom it may in some limited circumstances seek to coinvest joint
venture or otherwise participate in certain investments that either the
Company identifies or the sponsor identifies. In the event of such
coinvestments
or participation including transactions with affiliates the Manager will seek
to secure such investments on behalf of the Company so that it is within
the investment and return goals of the Company.
However in some instances these sponsors may require a right to receive a
priority or paripassu of return. In such event the Manager will have the
discretion to decide if the projected returns to the Company after risk
adjusting for such priority warrant proceeding with the investment.
When and if the Manager utilizes its relationships with such sponsors
separate promote structures may be established between the Manager
and the
coinvestor or participant which may directly benefit the Manager or
an affiliate of the Manager separate from any compensation the Manager may
earn as Manager of the Company. Any separate benefit shall be paid
directly to the Manager or by the coinvestors and participants and
not from
Company funds or its Manager.
In some circumstances the Manager may elect to coinvest with a third
party that the Manager also controls or has some control. The Company
will
take the same approach with a thirdparty as if entering into the
transaction with a sponsor as discussed above.
We expect to use the net proceeds from this offering for ongoing legal
accounting and professional fees and working capital and to finance costs
associated with acquiring commercial real estate such as market appraisals
title and recording fees broker fees if any legal fees and closing
costs which in the aggregate typically amount to 1% to 3% of the purchase
price of the property acquired with an average of 2%. However we
currently have no real estate acquisitions contemplated. Accordingly it
is difficult to estimate how much will be required in the next 12 months
to implement our business plan.
Financing Strategy
Once the proceeds of this Offering have been fully invested the Company
expects our debt financing will be in the range of approximately 60% to
80% of the aggregate value of real estate investments and other assets.
Financing for acquisitions and investments may be obtained at the time an
asset is acquired or an investment is made or at such later time as the
management determines to be appropriate.
In addition debt financing may be used from time to time for property
improvements lease inducements tenant improvements and other working
capital
needs including the payment of distributions. Additionally the amount
of debt placed on an individual property or related to a particular investment
including our pro rata share of the amount of debt incurred by an
individual entity in which the Company invests may be less than 60% or
more than 80% of the value of such property/investment or the value of the
assets
owned by such entity depending on market conditions and other factors.
The Company intends to limit borrowing to no more than 80% of the value of
Company
assets.
Exit Strategies
The Manage intends to operate the Company for up to ten (10) years. The Manager
may employ multiple exit strategies including but not limited to
1. Sale of Properties. If the market allows for a successful sale of the
properties to third parties or to Affiliate of the Manager so that the Members
may realize appreciation the Company will look to sell all of the properties
owned by the Company to such thirdparty or Affiliates of the Manager.
2. Refinance the Properties and hold. The Manager expects the Properties owned
by the Partnership will have leverage not to exceed a 80% loantovalue
(LTV) ratio. If the then appraised values of the Properties show all Members
may receive a) their return of capital and b) realized appreciation on
the properties the Company may elect to refinance the properties and return
capital and any remaining appreciation.
3. Sale to a Public Real Estate Investment Trust. The Manager may find that
the properties are attractive purchases for certain public Real Estate
Investment Trusts. The Manager may elect to a) sell the properties outright
to the individual trust b) sell the properties to the real estate investment
trust in exchange for equity in the trust (stock) and cash (depending on the
appreciation value) or c) create its own real estate investment trust to
their Interests the Members may be able to sell their shares on the public
exchange of which the public real estate investment trust is traded so long
as it is traded.
4. Bulk Sale to an Institution. The Company may find an institution is
interested is interested in purchasing all of the Companys properties. The
Manager may elect to take such an option even at a discount to insure that
all properties are sold in a timely fashion and so long as it is in the
best interest of the Company.
The Company will make a decision regarding the appropriate exit strategy at
the time in accordance with market conditions.
Geographic Scope
The Company will not limit itself geographically however it intends to invest
initially in the following states Florida Georgia North
Carolina South Carolina Tennessee and Texas. The Company will search
multifamily
and commercial properties that it may purchase at a discount to
market value. The Company may acquire properties at market value where
it believes that the property represents longterm or strategic value. The
Company believes it can successfully identify such a potential target
acquisition based upon the depth and the breadth of the industry experience
contacts and industry knowledge of the Companys Manager. See MANAGER EXECUTIVE
OFFICERS PROMOTERS AND CONTROL PERSONS for a discussion of the
Managers real estate experience.
Milestones
We hope to reach the following milestones in the next 12 months
January 2024 Complete our Form 1A qualification statement.
January 2024 Begin fundraising.
April 2024 Reach minimum raise requirement of $1000000 search
for properties to purchase.
Fall 2024 Purchase first property.
Fall 2024 to Fall 2025 continue to fund raise and purchase
properties January 2025 be fully funded and be fully invested.
Acquisition will depend highly on our funds the availability of those funds
availability of assets that meet or investment criteria and the size of
the assets to be acquired.
Competition
We will face competition from other owners investors and developers that are
looking to acquire similar properties and who may implement or are already
implementing a similar business plan to ours. Further we may be at a
disadvantage to our competition who may have greater capital resources than we
do
specifically cash. It has become increasingly difficult to obtain lending on
many
properties and those developers that are able to close without financing
and pay the full purchase price of a property in cash may be able to close on
more properties or will be able to negotiate better purchasing terms.
TAX TREATMENT OF COMPANY AND ITS SUBSIDIARIES
The following is a summary of certain relevant federal income tax
considerations
resulting from an investment in the Company but does not purport to cover
all of the potential tax considerations applicable to any specific purchaser.
Prospective investors are urged to consult with and rely upon their own tax
advisors for advice on these and other tax matters with specific reference to
their own tax situation and potential changes in applicable law discussion
is a general summary of certain federal income tax consequences of acquiring
holding and disposing of partnership interests in the Company and is directed
to individual investors who are United States citizens or residents and who
will hold their interests in the Company as capital assets (generally
property held for investment). It is included for general information only
and is not intended as a comprehensive analysis of all potential tax
considerations inherent in making an investment in the Company. The tax
consequences of an investment in the Company are complex and will vary
depending
upon each investors individual circumstances and this discussion does not
purport to address federal income tax consequences applicable to all
categories of investors some of whom may be subject to special or other
treatment under the tax laws (including without limitation insurance
companies qualified pension plans taxexempt organizations financial
institutions
or brokerdealers traders in securities that elect to mark to
market Members owning capital stock as part of a straddle hedge or conversion
transaction domestic corporations S corporations REITs or
regulated investment companies trusts and estates persons who are not citizens
or
residents of the United States persons who hold their interests in
the Company through a company or other entity that is a passthrough entity
for
U.S. federal income tax purposes or persons for whom an interest in the
Company is not a capital asset or who provide directly or indirectly services
to
the Company). Further this discussion does not address all of the
foreign state local or other tax laws that may be applicable to the Company or
its partners.
Prospective investors also should be aware that uncertainty exists concerning
various tax aspects of an investment in the Company. This summary is based
upon the IRS Code the Treasury Regulations (the Treasury Regulations)
promulgated
thereunder (including temporary and proposed Treasury Regulations)
the legislative history of the IRS Code current administrative interpretations
and practices of the Internal Revenue Service (IRS) and judicial
decisions all as in effect on the date of this offering circular and all of
which
are under continuing review by Congress the courts and the IRS and
subject to change or differing interpretations. Any such changes may be
applied
with retroactive effect. Counsel to the Company has not opined on the
federal state or local income tax matters discussed herein and no rulings have
been
requested or received from the IRS or any state or local taxing
authority concerning any matters discussed herein. Consequently no assurance
is
provided that the tax consequences described herein will continue to
be applicable or that the positions taken by the Company in respect of tax
matters
will not be challenged disallowed or adjusted by the IRS or any state
or local taxing authority.
Prospective investors are urged to consult with and rely upon their own tax
advisors
for advice on these and other tax matters with specific reference
to their own tax situation and potential changes in applicable law.
FOREIGN INVESTORS NONU.S. INVESTORS ARE SUBJECT TO UNIQUE AND COMPLEX TAX
CONSIDERATIONS. THE COMPANY AND THE MANAGER MAKE NO DECLARATIONS AND OFFER
NO ADVICE REGARDING THE TAX IMPLICATIONS TO SUCH FOREIGN INVESTORS AND SUCH
INVESTORS ARE URGED TO SEEK INDEPENDENT ADVICE FROM ITS OWN TAX COUNSEL OR
ADVISORS BEFORE MAKING ANY INVESTMENT.
Tax Classification of the Company as a Partnership
General.
The federal income tax consequences to the investors of their investment in
the Company will depend upon the classification of the Company as a
Partnership for federal income tax purposes rather than as an association
taxable as a corporation. For federal income tax purposes a partnership
is not an entity subject to tax but rather a conduit through which all items
of partnership income gain loss deduction and credit are passed through
to its partners. Thus income and deductions resulting from Company operations
are allocated to the investors in the Company and are taken into account
by such investors on their individual federal income tax returns. In addition
a distribution of money or marketable securities from the Company to a
partner generally is not taxable to the partner unless the amount of the
distribution exceeds the partners tax basis in his interest in the Company.
In general an unincorporated entity formed under the laws of a state in the
United States with at least two members such as the Company will be
treated as a partnership for federal income tax purposes provided that (i)
it is not a publicly traded partnership under Section 7704 of the IRS
Code and (ii) does not affirmatively elect to be classified as an association
taxable as a corporation under the socalled check the box
regulations relating to entity classification. The Company is not currently
a publicly traded partnership within the meaning of Section 7704 of the
IRS Code for the reasons discussed below. In addition the Manager does not
intend to affirmatively elect classification of the Company as an association
taxable as a corporation. Accordingly the Manager expects that the Company
will be classified as a partnership for federal income tax purposes.
Publicly Traded Partnership Rules.
Under Section 7704 of the IRS Code a partnership that meets the definition
of a publicly traded partnership may be treated as a corporation depending
on the nature of its income. If the Company were so treated as a corporation
for federal income tax purposes the Company would be a separate taxa
ble
entity subject to corporate income tax and distributions from the Company
to a partners would be taxable to the partners in the same manner as a
distribution from a corporation to a shareholder (i.e. as dividend income
to the extent of the current and accumulated earnings and profits of the
Company as a nontaxable reduction of basis to the extent of the partners
adjusted tax basis in his interests in the Company and thereafter as gain
from the sale or exchange of the investors interests in the Company). The
effect of classification of the Company as a corporation would be to reduce
substantially the aftertax economic return on an investment in the Company.
A partnership will be deemed a publicly traded partnership if (a) interests
in such partnership are traded on an established securities market or
(b) interests in such partnership are readily tradable on a secondary market
or the substantial equivalent thereof. As discussed in this offering
circular interests in the Company (i) will not be traded on an established
securities market and (ii) will be subject to transfer restrictions set
forth in the Operating Agreement. Specifically the Operating Agreement
generally prohibits any transfer of a partnership interest without the prior
consent of the Manager except in connection with an Exempt Transfer. The
Manager will consider prior to consenting to any transfer of an interest in
the Company if such transfer would or could reasonably be expected to
jeopardize the status of the Company as a partnership for federal income tax
purposes.
The remaining discussion assumes that the Company will be treated as a
Partnership and not as an association taxable as a corporation for federal
income tax purposes.
Allocation of Partnership Income Gains Losses Deductions and Credits
Profits and Losses are allocated to the partners under the Operating Agreement.
In general Profits or Losses during any fiscal year will be allocated
as of the end of such fiscal year to each partner in accordance with their
ownership interests. Certain allocations may be effected to comply with the
qualified income offset provisions of applicable Treasury Regulations relating
to partnership allocations (as referenced below).
Under Section 704(b) of the IRS Code a Companys allocations will generally be
respected for federal income tax purposes if they have substantial
economic effect or are otherwise in accordance with the members interests in
the partnership. The Company will maintain a capital account for each
Member in accordance with federal income tax accounting principles as set forth
in the Treasury Regulations under Section 704(b) and the Operating
Agreement does contain a qualified income offset provision. The Operating
Agreement requires liquidating distributions to be made in accordance with
the economic intent of the transaction and the allocations of Company income
gain loss and deduction under the Operating Agreement are designed to
be allocated to the members with the economic benefit of such allocations and
are in a manner generally in accord with the principles of Treasury
Regulations issued under Section 704(b) of the IRS Code relating to the
partners
interest in the partnership. As a result although the Operating
Agreement may not follow in all respects applicable guidelines set forth in
the Treasury Regulations issued under Section 704(b) the Manager anticipates
that the Companys allocations would generally be respected as being in
accordance
with the Members interest in the Company. However if the IRS were
to
determine that the Companys allocations did not have substantial economic
effect or
were not otherwise in accordance with the
Members interests in the Company then the taxable income gain loss and
deduction
of the Company might be reallocated in a manner different from
that specified in the Operating Agreement and such reallocation could have an
adverse tax and financial effect on Members.
Limitations on Deduction of Losses.
The ability of a Member to deduct the Members share of the Companys losses or
deductions during any particular year is subject to numerous limitations
including the basis limitation the atrisk limitation the passive activity loss
limitation and the limitation on the deduction of investment interest.
Each prospective investor should consult with its own tax advisor regarding the
application of these rules to it in respect of an investment in the
Company.
Basis Limitation. Subject to other loss limitation rules a Member is allowed
to
deduct its allocable share of the Companys losses (if any) only to the
extent of such Members adjusted tax basis in its interests in the Company at
the
end of the Companys taxable year in which the losses occur.
AtRisk Limitation. In the case of a Member that is an individual trust or
certain
type of corporation the ability to utilize tax losses allocated to
such Member under the Operating Agreement may be limited under the atrisk
provisions of the IRS Code. For this purpose a Member who acquires a
Company interest pursuant to the Offering generally will have an initial atrisk
amount with respect to the Companys activities equal to the amount of
cash contributed to the Company in exchange for its interest in the Company.
This initial atrisk amount will be increased by the Members allocable
share of the Companys income and gains and decreased by their share of the
Companys losses and deductions and the amount of cash distributions made
to the Member. Liabilities of the Company whether recourse or nonrecourse
generally will not increase a Members amount atrisk with respect to the
Company. Any losses or deductions that may not be deducted by reason of the
atrisk limitation may be carried forward and deducted in later taxable
years to the extent that the Members atrisk amount is increased in such later
years (subject to application of the other loss limitations). Generally
the atrisk limitation is to be applied on an activitybyactivity basis. If the
amount for which a Member is considered to be atrisk with respect to the
activities of the Company is reduced below zero (e.g. by distributions) the
Member will be required to recognize gross income to the extent that their
atrisk amount is reduced below zero.
Passive Loss Limitation. To the extent that the Company is engaged in trade
or business activities such activities will be treated as passive
activities in respect of any Member to whom Section 469 of the IRS Code
applies (individuals estates trusts personal service corporations and
with modifications certain closelyheld C corporations) and subject to the
discussion below regarding portfolio income the income and losses in
respect of those activities will be passive activity income and passive
activity losses. Under Section 469 of the IRS Code a taxpayers losses
and income from all passive activities for a year are aggregated. Losses from
one passive activity may be offset against income from other passive
activities. However if a taxpayer has a net loss from all passive activities
such taxpayer generally may not use such net loss to offset other
types of income such as wage and other earned income or portfolio income (e.g.
interest dividends and certain other investment type income).
Member income and capital gains from certain types of investments are treated
as portfolio income under the passive activity rules and are not
considered to be income from a passive activity. Unused passive activity losses
may be carried forward and offset against passive activity
income in subsequent years. In addition any unused loss from a particular
passive activity may be deducted against other income in any year if
the taxpayers entire interest in the activity is disposed of in a fully
taxable transaction.
NonBusiness Interest Limitation. Generally a noncorporate taxpayer may deduct
investment interest only to the extent of such taxpayers net
investment income. Investment interest subject to such limitations may be
carried forward to later years when the taxpayer has additional net
investment
income. Investment interest is interest paid on debt incurred or continued
to acquire or carry property held for investment. Net investment income
generally includes gross income and gains from property held for investment
reduced by any expenses directly connected with the production of such
income and gains. To the extent that interest is attributable to a passive
activity it is treated as a passive activity deduction and is subject to
limitation under the passive activity rules and not under the investment
interest limitation rules.
Limitation on Deductibility of Capital Losses. The excess of capital losses
over capital gains may be offset against ordinary income of a
noncorporate taxpayer subject to an annual deduction limitation of $3000.
A noncorporate taxpayer may carry excess capital losses forward
indefinitely.
Taxation of Undistributed Company Income (Individual Investors)
Under the laws pertaining to federal income taxation of limited liability
companies that are treated as partnerships no federal income tax is paid
by the Company as an entity. Each individual Member reports on his federal
income tax return his distributive share of Company income gains losses
deductions and credits whether or not any actual distribution is made to
such member during a taxable year. Each individual Member may deduct his
distributive share of Company losses if any to the extent of the tax basis
of his Units at the end of the Company year in which the losses occurred.
The characterization of an item of profit or loss will usually be the same
for the member as it was for the Company. Since individual Members will be
required to include Company income in their personal income without regard
to whether there are distributions of Company income such investors will
become liable for federal and state income taxes on Company income even
though they have received no cash distributions from the Company with which to
pay such taxes.
Tax Returns
Annually the Company will provide the Members sufficient information from
the Company's informational tax return for such persons to prepare their
individual federal state and local tax returns. The Company's informationa
tax returns will be prepared by a tax professional selected by the Manager.
SUMMARY OF OPERATING AGREEMENT
The Operating Agreement in the form attached hereto as Exhibit 2. is the
governing instrument establishing the terms and conditions pursuant to which
the Company will conduct business and the rights and obligations between and
among the Members and the Manager as well as other important terms and
provisions relating to investment in the Company. A prospective Member is
urged to read and fully understand the Operating Agreement in its entirety
prior to making a decision to purchase Interests. The following is a brief
and incomplete summary of the terms of the Operating Agreement and is
qualified in its entirety by reference to the Operating Agreement.
Profits and Losses
Losses for any fiscal year shall be allocated among the Members in proportion
to their positive Capital Account balances until the balance of each
Capital Account equals zero. Thereafter all losses shall be allocated in
accordance to each Members respective Percentage Interest in the Company
giving consideration to their respective ownership period. Profits will first
be allocated pro rata to the Members in accordance with the amount of Losses
previously allocated if such previous Losses were not offset by Profits.
Thereafter Profits shall be allocated shall be allocated 65% to the Class A
Members (in proportion to their respective Percentage Interests) and 35% to
the Class B Interests which are held by the Manager. In all cases
consideration will be given to their respective ownership period.
Operating Cash Distributions
The Company will make Distributions monthly out of available cash flow from
operations equal to the total cash gross receipts of the Company during
the month (i) derived from all sources (other than capital contributions and
capital transactions) together with any amounts included in reserves or
working capital from prior periods which the Manager reasonably determines to
distribute or the sale refinancing or disposition of investments as
determined by the Manager net of disbursements and less the operating expenses
of the Company paid during such period (including but not limited to
present and anticipated debts and obligations capital needs and expenses the
payment of any management or administrative fees and expenses including
without limitation the Asset Management Fee Asset Acquisition Fee or Asset
Disposition Fee and reasonable reserves for contingencies) and any increases
or replacements in reserves (other than from Capital Contributions) during
such period (Distributable Cash).
The Manager will make distributions of Distributable Cash as follows (a) to
Class A Members 65% of Distributable Cash and (b) 35% to the Class B Members
which are held by the Manager payable monthly.
Inkind Distributions. The Manager will generally not cause the Company to
make inkind distributions provided however that publicly traded securities
(or interests convertible into such securities) may be distributed from time
to time if in the good faith discretion of the Manager such a distribution
will result in a greater return for the Members.
Voting Rights of the Members
The Members will have no right to participate in the management of the Company
and will only have the following rights
Votes Requiring Unanimous Approval of All Members
Unanimous consent of all Members is required for any of the following matters
To authorize an act that is not in the ordinary course of the business
of the Company and
To amend the Certificate of Formation or make substantive amendments to
the Operating Agreement.
Votes Requiring Approval of 75% of the All Members Interests other than the
Manager
Consent of the Members holding the seventy five percent (75%) of the Class A
and Class B Interests (other than the Manager) must affirmatively vote
to approve any of the following actions
To issue a Notice to Perform to the Manager (as defined in the
Operating Agreement) and
To remove the Manager for Good Cause (see below.)
Votes Requiring Approval of a Majority of Interests of all Members
A vote of a Majority of Interests of all Members is required to
Fill a vacancy after the Manager has resigned or been removed
Admit an Additional Member to the Company from the sale of Additional
Units and
Appoint a new partnership representative.
Removal of Manager for Cause
All Class A and Class B Members (other than the Manager who collectively own
seventy five percent (75%) or more of the Interests (the requisite
Interests)) shall issue a Notice to Perform to the Manager in accordance with
the notice provision in Article 15.1 of the Operating Agreement. The
Notice to Perform shall describe the matters of concern to the Members and
shall give the Manager up to sixty (60) days to correct the matter of
concern to the satisfaction of the voting Members. If the Manager fails to
respond to the concerns or demands contained in such Notice to Perform
then
The Manager may be immediately removed temporarily or permanently for Good
Cause determined by (a) a vote of the requisite Members described
above or (b) by an arbitrator or judge per Article 13.5.4 of the Operating
Agreement. Note however that removal of the Manager may require approval
of a lender or substitution of a loan guarantor if any loan was conditioned
on the qualifications of the Manager.
Reasons for Removal Good Cause Defined
The previous Manager must serve until a new Manager is hired or elected. The
Class A Members hereby agree that any right of removal shall be exercised
only in good faith. Good Cause shall include only the following as determined
by a vote of the requisite Interests
Any of the acts described in the Operating Agreement Article 6.10
A breach of a Managers duties or authority hereunder
Willful or wanton misconduct
Fraud
Bad faith
Disappearance wherein the Manager (or each of the members of the Manager)
fail to return phone calls and/or written correspondence (including
email) for more than thirty days (30) without prior notice of an anticipated
absence or failure to provide the Members with new contact information
Issuance of a legal charging order and/or judgment by any judgment creditor
against the Managers Interest in Cash Distributions or Fees from
the Company
A finding by a court of law or arbitrator that the Manager committed
any of the acts described in Article 6.10 of the Operating Agreement for
which the Manager is specifically not indemnified by the Company or
The Manager becomes subject to a disqualifying event at any time during
operation of the Company.
Death Disability Incompetency or Bankruptcy of a Member
In the event of the death disability incapacity or adjudicated incompetency
of a Member or if a Member becomes bankrupt the Member shall have the
right to transfer his/her/its interests so long as such transfer is not to a
minor.
Limits on Managers Liability Indemnification
The Manager will be fully protected and indemnified by the Company against all
liabilities and losses suffered by the Manager (including attorneys
fees costs of investigation fines judgments and amounts paid in settlement
actually and reasonably incurred by the Manager in connection with such
action suit or proceeding) by virtue of its status as Manager with respect to
any acts or omissions except that expenses incurred by the Manager with
respect to claims for fraud breach of fiduciary duty gross negligence bad
faith or a material violation of the Operating Agreement shall not be advanced
to the Manager unless it is adjudicated in its favor. The provisions of this
indemnification will also extend to all managers Members affiliates
employees attorneys consultants and agents of the Manager for any action taken
by it on behalf of the Manager pursuant to the Operating Agreement.
Parallel Funds Special Purpose Entities and CoInvestment Opportunities
The Manager may in its discretion and to the extent permitted by applicable
law create or sponsor partnerships or other vehicles that will be formed
for participating pro rata and pari passu in the portfolio companies of the
Company (Parallel Fund). It is the intention of the Manager that the Manager
of the Company will also act as the Manager of the Parallel Fund provided
however if such an arrangement were to become prohibited or result in a
conflict of interest a separate Manager will be established. The Parallel
Fund will contain the similar economic terms rights restrictions and
obligations for its investors as are applicable to Members in the Company.
Where the Manager deems it appropriate the Company may use special purpose
entities as subsidiaries including corporations limited liability
companies and limited partnerships to make and hold investments. The Manager
may also cause the Company to invest through corporations limited
liability companies limited partnerships joint ventures (both with thirdparties
and affiliates of the Manager) or other arrangements in which
the Fund has an economic interest and where such arrangements are reasonably
expected to preserve in all material respects the overall economic
relationship of the Members.
To the extent that the Manager determines that any Company investment requires
coinvestment by third parties the Manager may offer but is not
required to offer to the Manager and all Members the opportunity to coinvest
on a sideby side basis with the Fund and the Parallel Fund in such
investment. The Manager shall have the right in its sole discretion to accept
all none or any portion of such Member's capital for such
coinvestment opportunity and may offer all or any portion of such coinvestment
opportunity to any third parties and the terms offered to such
third parties may be different than the coinvestment terms offered to electing
Members.
Other Activities of Manager Affiliates
The Manager need not devote its full time to the Companys business but shall
devote such time as the Manager in its discretion deems necessary
to manage the Companys affairs in an efficient manner. Subject to the other
express provisions of the Operating Agreement the Manager at any
time and from time to time may engage in and possess interests in other
business ventures of any and every type and description independently
or with others including ventures in competition with the Company with no
obligation to offer to the Company or any Member the right to
participate therein The Company may transact business with any Manager Member
officer agent or affiliate thereof provided the terms of those
transactions are no less favorable than those the Company could obtain from
unrelated third parties.
Transfers of Interests
A Member may assign his her or its Interests only if certain conditions set
forth in the Operating Agreement are satisfied. Except as otherwise
consented to by the Manager the assignee must meet all suitability standards
and other requirements applicable to other original subscribers and
must consent in writing to be bound by all the terms of the Operating
Agreement. In addition the Company must receive written evidence of the
assignment in a form approved by the Manager and the Manager must have
consented in writing to the assignment. The Manager may withhold this
consent
in its sole and absolute discretion. Prior to the Managers consenting
to any assignment the Member must pay all reasonable expenses including
accounting and attorneys fees incurred by the Company in connection
with the assignment.
Dissolution of the Company Liquidation and Distribution of Assets
The Company shall be dissolved upon the first to occur of the following
events (i) the happening of any other event that makes it unlawful
impossible or impractical to carry on the business of the Company (ii)
once all of the assets of the Company are disposed of.
Power of Attorney
By becoming a party to the Operating Agreement each Member will appoint
the Manager as his or her attorneyinfact and empower and authorize the
Manager to make execute acknowledge publish and file on behalf of the
Member in all necessary or appropriate places such documents as may be
necessary or appropriate to carry out the intent and purposes of the
Operating Agreement.
Accounting Records and Reports
The Company shall engage an independent certified public accountant or
accounting firm in the discretion of the Manager to audit the Companys
financial statements as of the end of each fiscal year. As soon as
practicable after the end of such fiscal year but in no event later
than 120 days
after the end of such fiscal year the Manager shall provide to each
Member (i) audited financial statements of the Company as of the end
of and for
such fiscal year including a Statement of Assets Liabilities and
Members Equity and Statement of Operations together with the
thereon of the
Companys independent certified public accountant or accounting firm
(ii) a statement of Properties of the Company including the cost of
such
Properties. No later than March 31st of each year the Company will
provide (i) a Schedule K1 for such Member with respect to such fiscal year
prepared in accordance with the IRS Code together with corresponding
forms for state income tax purposes setting forth such Members distributive
share of Company items of Profit or Loss for such fiscal year and the
amount of such Members Capital Account at the end of such fiscal year and
(ii) such other financial information and documents respecting the
Company and its business as the Manager deems appropriate or as a Member may
reasonably require and request in writing to enable such Member to
prepare its federal and state income tax returns.
As soon as practicable after the end of each semiannual period but
in no event later than 90 days following the end of each such period the
Manager shall prepare and email mail or make available on its secure
website portal to each Member (i) the Companys unaudited financial
statements as of the end of such fiscal semiannual and for the
portion of the fiscal year then ended (ii) a statement of the
properties of the
Company including the cost of all properties and (iii) a report
reviewing the Companys activities and business strategies for such
period. The
Manager shall cause the Company reports to be prepared in
accordance with GAAP.
LEGAL PROCEEDINGS
We may from time to time be involved in routine legal matters
incidental to our business however at this point in time we are
currently not involved
in any litigation nor are we aware of any threatened or impending
litigation.
OFFERING PRICE FACTORS
Our offering price is arbitrary with no relation to value of the company.
This offering is a selfunderwritten offering which means that it does not
involve the participation of an underwriter to market distribute or sell
the shares offered under this offering.
If the maximum amount of Class A Interests are sold under this Offering the
purchasers under this Offering will own 100% of the Class A Interests
outstanding.
If the minimum amount of Class A Interests are sold under this Offering the
purchasers under this Offering will own 100% of the Class A Interests
outstanding.
If the maximum amount of the Class A Interests the price per Interest value
will be $1000 per Interest for a total of $150000000.
If the minimum amount of the Class A Interests the price per Interest value
will be $1.000 per Interest for a total of $1000000.
SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT
The following table sets forth information as of the date of this Offering.
Title of Class Name of
Beneficial Owner Percent
Before
Offering Percent
After
Offering
Class B Interests NRS II Capital LLC 100 % 100 %
Class A Interests NRS II Capital LLC 0 % 0 %
TOTAL 100 % 100 %
Nitin R. Singh our Chief Executive Officer has dispositive control over the
Class B Interests that are owned by our Manager NRS II Capital LLC. No
entity or Member currently owns any Class A Interests in the Company. Class
A Interests are being sold through this Offering. Upon sale the Class A
Interests will maintain a 65% interest in the Company overall and Class B
Interests will maintain a 35% interest in the Company overall. Class B
Interests were issued at formation for no consideration.
Beneficial ownership means the sole or shared power to vote or to direct
the voting of a security or the sole or shared investment power with
respect to a security (i.e. the power to dispose of or to direct the
disposition of a security). In addition for purposes of this table a
person is deemed as of any date to have beneficial ownership of any
security that such person has the right to acquire within 60 days from
the date of this Offering.
MANAGER EXECUTIVE OFFICERS PROMOTERS AND CONTROL PERSONS
The Principals of the Manager of the Company are as follows
Name Age Title
Nitin R Singh 36 Chief Executive Officer and President
Duties Responsibilities and Experience
Mr. Singh is the sole decision maker of NRS II Capital LLC which is the
Manager of the Company. All business and affairs of the Company shall
be
managed by the Manager. The Manager shall direct manage and control the
Company to the best of its ability and shall have full and complete
authority power and discretion to make any and all decisions and to
do any and all things that the Manager shall deem to be reasonably
required
to accomplish the business and objectives of the Company. The right
s and duties of the Manager is described in the Operating Agreement.
The principal of the Manager is as follows
Nitin R Singh
President and Chief Executive Officer
Nitin R Singh is the Founder of NRS II Capital LLC the Funds Manager
and NRS Real Estate Acquisitions LLC the Managers acquisition arm. He is a
15 year veteran of the real estate industry and currently serves as
the founder and CEO of the NRS II Capital. Nitin is a multifamily
owner fund
manager and syndicator who specializes in medium sized apartment
communities in the Southeast. Since 2023 he is raising funds for NRS Equity
Fund
I in amount totaling $500000000 with each minimum investment at
$10000000. He is a limited investor with over 12000+ units. Nitin entered
Real
industry over 15 years ago where he started his career investing
in single family residential properties and excelled to become top
performer at
his workplace. Nitin brings unique understanding of the industry and
its constantly changing risk and analysis to the table. With his
comprehensive
knowledge he has been able to execute through many complex transactions
for the ownership across the U.S. He has built relationships with
over 50+
commercial banks where he directly communicates with Credit Officers
and Top Tier individuals within the banking industry. He has spearheaded
NRS II
Capitals expansion from New York to across the States such as Florida Texas
and Nevada.
The Class B Interests were issued at formation as founders interest for no
consideration. Currently the Manager holds 100% of the members equity of
the Company. Upon issuance of the minimum Offering amount the Managers Class
B Interest will be a 35% profits interest and is subordinate to the Class
A Interest.
The Manager will only request reimbursement of organizational and offering
expenses once the Company has raised more than $1million and will limit
such
reimbursement to $100000 should only $1million be raised.
Employment Agreements
There are no current employment agreements or current intentions to enter
into any employment agreements.
Future Compensation
The principals of our Manager have agreed to provide services to us without
cash compensation until such time that we have sufficient earnings from
our revenue. The Manager received Class B Interests at formation for no
consideration.
Transfer Agent
We intend to enlist the services of Computer Share as our transfer agent.
CERTAIN RELATIONSHIPS AND RELATED PARTY TRANSACTIONS
The Company utilizes office space provided at no cost from our Manager.
Office services are provided without charge by the Companys Manager. Such
costs are immaterial to the financial statements and accordingly have
not been reflected.
We have issued 100% of the Class B Interests at formation to our Manager
for no consideration. The Manager is controlled by Nitin R. Singh.
Nitin R. Singh is the managing member of the Manager. The approximate
value of the Class B Interests at the time of this Offering is approximately
$1000. The Manager shall receive the following fees and compensation
Phase of Operation Basis for Fee Amount of Fee
Acquisition Fee Fees charged to the Company as Properties are acquired
1.0% of the purchase price of the individual property. These fees
are difficult to determine at this time.
Disposition Fee Fees charged to the Company as Properties are disposed of
1.0% of the sales price of the individual property.
These fees are difficult to determine at this time.
Asset Management Fee Fees charged to the Company for management of its
investments
1.0% of the total amount of the Contributed Capital of all the Class
A Members
annualized paid monthly. The total amount of fees that the Manager may receive
cannot
be
determined at this time. This fee may be paid monthly.
Carried Interest Class B Interest 35% profits interest and
35% of Distributable Cash
PRIOR PERFORMANCE
Prior Performance is Not Indicative of Future Results
The Manager of the Company is NRS II Capital LLC and the principal owner and
manager of the Manager is Nitin R Singh.
From 2023 to the present Nitin R Singh as the sole principal of the Manager
NRS II Capital LLC and its acquisition arm NRS Real Estate Acquisitions
LLC. Mr. Singh has managed or purchased apartment communities in New York
Texas an Florida.
Four of the communities purchased by Mr. Singh and his team were acquired
with the proceeds of three private offerings of securities made exclusively
to
Accredited Investors as defined under Rule 501 of Regulation D under the
Securities Act. The offerings were conducted under Rule 506(c) of Regulation D
We refer to each of these securities offerings and the properties they included
as a Project. As of Nov 3 2023 none of the Projects were sold or
transferred.
All of these Projects were demined to be similar in nature in that they
raised funds from private equity offerings exempt from registration pursuant
to
the safe harbor afforded by Regulation D under the Securities Act for the
primary purpose of acquiring incomeproducing multifamily real estate assets
as longterm investments for eventual sale. In addition each of the Projects
also has investment objectives that are similar to the investment objectives
of the Company.
Because of these similarities investors who are considering purchasing Class
A Interests from the Company might find it useful to review information
about the Projects. Of course prospective investors should bear in mind that
prior performance does not guarantee future results. The fact that a prior
Project has been successful (or unsuccessful) does not mean the Company will
experience the same results.
There have been no major adverse business developments or conditions
experienced by any Project that would be material to purchasers of the
Companys
Class A Interests.
STRATEGY AND RESULTS
As described at length in Investment Strategy section the strategy of our
Manager on the behalf of the Company is to
1) Identify Class A and Class B multifamily apartment
communities in quality locations in the Companys target markets where
the Company
can add significant value through handson management and/or appreciation
potential
2) Buy those communities at belowmarket prices or at market
prices where there is sufficient upside potential to obtain abovemarket
returns over the long term
3) Make physical alterations and other improvements to those
communities where the Company can achieve significant benefit with minimal
capital outlay and
4) Through thirdparty management increase the rents to increase
the overall value of the property.
Net Operating Income We calculate net operating income using the
industrystandard definition i.e. the gross income from the property
minus operating expenses. The gross income from a property means primarily
rental income but where applicable also includes other income items such
as parking fees and income from operating vending machines and laundry
facilities. Operating expenses include all of the expenses required to operate
the property such as insurance property management fees utilities property
taxes repairs and janitorial fees. Net operating income does not
reflect debt service payments (principal and interest) capital expenditures
or depreciation and amortization.
Cash On Cash Distribution We calculate cash on cash distribution
by dividing the distributions paid by the total equity invested. For
example suppose a property were purchased for $100 using $80 of debt and $20 of
equity and the property paid a distribution of $2 for a given year.
The cash on cash distribution for that year would be 10% $2 divided by $20.
IRR Internal rate of return is a financial concept that measures
the overall return from an investment taking into account all the money
invested and all the money returned as well as the timing of each
contribution and distribution.
As of the filing date no Projects have been sold.
CAUTION PRIOR PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. THE FACT THAT
OUR SPONSOR HAS BEEN SUCCESSFUL WITH THESE PROGRAMS DOES NOT GUARANTY THAT
THE COMPANY WILL BE SUCCESSFUL.
Prior Performance Tables
The Manager of the Company is NRS II Capital LLC and the principal owner
and manager of the Manager is Nitin R Singh.
Prior Performance Tables
We are providing a number of tables that illustrate the results of the
Projects
Table Projects Included in Table Purpose and Subject Matter
I. Experience Raising Funds Projects the offering of which closed
within the last three years. Provides information concerning the
offerings
themselves including how the offering proceeds were deployed.
II. Compensation to Sponsor Other Projects from which the Sponsor
received compensation during the last three years. Describes all
compensation
paid to the sponsor within the last three years whether in the form of
management fees
III. Operating Results Projects the offering of which closed within the
last five years. Sets forth the annual operating results of the Projects
included.
IV. Completed Projects Projects completed (no longer own properties) within the
last five years. Summarizes the results of the Projects included including
the return to Project investors.
V. Sales of Property All Projects that have sold property within the
last three years. Summarizes the result of property sales.
VI. Purchases of Property Purchases of property within the last
three years. Summarizes each property purchase including number of units
purchase price and financing.
Because of the similarities between the Projects and the Company investors
who are considering purchasing Class A Interests from the Company might find
it useful to review these tables. However prospective investors should bear
in mind that PRIOR PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. THE FACT
THAT OUR MANAGER HAS BEEN SUCCESSFUL WITH THESE PROJECTS DOES NOT GUARANTEE
THAT THE COMPANY WILL BE SUCCESSFUL.
The prior performance tables reflect properties whos managing member is both
the Manager and/or Nitin R Singh . Our Manager NRS II Capital LLC was
formed in 2023 by Nitin R Singh. Over time the assets owned by the various
entities and managed by the Manager or Nitin R. Singh will be sold.
LIMITATIONS OF LIABILITY
As permitted by Delaware law our Operating Agreement provides
we will indemnify our Manager to the fullest extent permitted by law
we may indemnify our other employees and other agents to the same
extent that we indemnify our Manager and
we will advance expenses to our Manager in connection with a
legal proceeding and may advance expenses to any employee or agent provided
however that such advancement of expenses shall be made only upon receipt of
an undertaking by the person to repay all amounts advanced if it should be
ultimately determined that the person was not entitled to be indemnified.
INTERESTS OF NAMED EXPERTS AND COUNSEL
No expert or counsel named in this Offering as having prepared or certified
any part of this Offering or having given an opinion upon the validity of the
securities being registered or upon other legal matters in connection with
the registration or offering of the Class A Interests was employed on a
contingency basis or had or is to receive in connection with the Offering a
substantial interest direct or indirect in the registrant or any of
its parents or subsidiaries. Nor was any such person connected with the
registrant or any of its parents or subsidiaries as a promoter managing or
principal underwriter voting trustee director officer or employee.
At this time contract for legal services is being procured.
NRS Equity Fund I LLC
A Delaware Limited Liability Company
Financial Statements and Independent Auditors Report
Page
INDEPENDENT AUDITORS REPORT
F2
FINANCIAL STATEMENTS FOR THE PERIOD FROM MAY 4 2018 (INCEPTION) TO MAY
31 2018
Statement of Assets Liabilities and Members Capital
F3
Statement of Operations
F4
Statement of Changes in Members Equity
F5
Statement of Cash Flows
F6
Notes to Financial Statements
F7
NRS EQUITY FUND I LLC
Statement of Assets Liabilities and Members Equity
As of November 3 2023
ASSETS
Deferred offering costs $ 12000
TOTAL ASSETS $ 12000
LIABILITIES AND MEMBERS' EQUITY
Liabilities
Related party advance $ 12000
Total Liabilities 12000
Members' Equity
TOTAL LIABILITIES AND MEMBERS' EQUITY $ 12000
See accompanying notes which are an integral part of these financial
statements
NRS EQUITY FUND I LLC
STATEMENT OF OPERATIONS
For the period from October 12 2023 (inception) to November 3 2023
Net revenues $
Net operating expenses
Net Income $
See accompanying notes which are an integral part of these financial statements
NRS EQUITY FUND I LLC
STATEMENT OF CHANGES IN MEMBERS EQUITY
For the period from October 12 2023 (inception) to November 3 2023
Total Members' Equity
Balance at Oct 12 2023 (inception) $
Net Income
Balance at Nov 3 2023 $
See accompanying notes which are an integral part of these financial
statements
NRS EQUITY FUND I LLC
STATEMENT OF CASH FLOWS
For the period from October 12 2023 (inception) to November 3 2023
Cash Flows from Operating Activities
Net Income $
Adjustments to reconcile net income to net cash used in operating
activities
Net Cash Used in Operating Activities
Net Change in Cash at Nov 3 2023 $
Supplemental Disclosure of NonCash Activity
Deferred offering costs reimbursable to Managing Member $ 12000
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 1 NATURE OF OPERATIONS
NRS Equity Fund I LLC (the Company) is a limited liability company organized
Oct
12 2023 under the laws of Delaware. The Company was organized to
invest primarily in income generating real estate within the multifamily or
commercial real estate segment. The Company is located in Yonkers New York.
The Company was formed to raise up to $150 million under Regulation A Plus
from a wide range of individual and institutional investors with a primary
focus on individual nonaccredited investors to acquire multifamily and
commercial real estate. The fundraising activity will be primarily done
through NRS II Capital LLCs (the Managing Member) online platform.
As of Nov 3 2023 the Company has not commenced planned principal operations
nor generated revenue. The Companys activities since inception have
consisted of formation activities and preparations for capital raising.
Once the Company commences its planned principal operations it will incur
significant additional expenses. The Company is dependent upon additional
capital resources for the commencement of its planned principal operations
and is subject to significant risks and uncertainties including failing to
secure funding to operationalize the Companys planned operations or
failing to profitably operate the business.
The Companys investment period will commence on the date of the initial
closing and expires on the third anniversary of the final closing unless
terminated sooner. The Company is not registered as an Investment Company
Act of 1940 as amended.
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation
The accompanying financial statements have been prepared under accounting
principles generally accepted in the United States of America (GAAP) for
investment companies. The Company is an investment company that follows
the specialized accounting and reporting guidance of FASB Accounting Standards
Codification Topic 946 Financial Services Investment Companies. The
Company adopted the calendar year as its basis of reporting.
Use of Estimates
The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported
amounts
of assets and liabilities and disclosures of contingent assets and
liabilities at the date of the financial statements and the reported amounts
of
revenues and expenses during the reporting period. Actual results
could differ from those estimates.
Cash Equivalents and Concentration of Cash Balance
The Company considers all highly liquid securities with an original
maturity of less than three months to be cash equivalents. The Companys
cash and
cash equivalents in bank deposit accounts at times may exceed
federally insured limits.
Real Estate Investments
Investments in real estate are carried at fair value. Costs to
acquire real estate investments are capitalized as a component of investment
cost. The fair values of real estate investments are estimated based on the
price that would be received to sell an asset in an orderly transaction between
marketplace participants at the measurement date. Investments without a public
market are valued based on assumptions made and valuation techniques
used by the Managing Member. Such valuation techniques include discounted cash
flow analysis prevailing market capitalization rates or earnings
multiples applied to earnings from the investment analysis of recent comparable
sales transactions recent comparable sales transactions actual
sale negotiations and bona fide purchase offers received from third parties
consideration of the amount that currently would be required to replace
the asset as well as independent external appraisals. In general the Managing
Member considers multiple valuation techniques when measuring the fair
value of a real estate investment. However in certain circumstances a single
valuation technique may be appropriate.
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Real Estate Investments (continued)
The fair value of real estate investments does not reflect the Companys
transaction sale costs which may be incurred upon disposition of the real
estate
investments. Such costs are estimated to approximate 2% 3% of gross property
fair value. The Company also reflects its real estate equity investments
net of investment level financing. Valuation adjustments attributable to
underlying financing arrangements are considered in the real estate equity
valuation.
The Company may invest in real estate and real estate related investments
for which no liquid market exists. The market prices for such investments
may be volatile and may not be readily ascertainable. In addition there
continues to be significant disruptions in the global capital credit and real
estate
markets. These disruptions have led to among other things a significant decline
in the volume of transaction activity in the fair value of many real
estate and real estate related investments and a significant contraction in
shortterm and longterm debt and equity funding sources. This contraction
in capital includes sources that the Company may depend on to finance certain
of its investments. These market developments have had a significant
adverse impact on the Companys liquidity position results of operations and
financial condition and may continue to adversely impact the Company
if market conditions continue to deteriorate. The decline in liquidity and
prices of real estate and real estate related investments as well as the
availability of observable transaction data and inputs may have made it more
difficult to determine the fair value of such investments. As a result
amounts ultimately realized by the Company from real estate investments
sold may differ from the fair values presented and the differences could be
material.
Fair Value Measurement
Financial Accounting Standards Board (FASB) guidance specifies a hierarchy
of valuation techniques based on whether the inputs to those valuation
techniques are observable or unobservable. Observable inputs reflect market
data obtained from independent sources while unobservable inputs reflect
market assumptions. The hierarchy gives the highest priority to unadjusted
quoted prices in active markets for identical assets or liabilities
(Level 1 measurement) and the lowest priority to unobservable inputs (Level
3 measurement). The three levels of the fair value hierarchy are as follows
Level 1 Unadjusted quoted prices in active markets for identical assets or
liabilities that the reporting entity has the ability to access at the
measurement date. Level 1 primarily consists of financial instruments whose
value is based on quoted market prices such as exchangetraded instruments and
listed equities.
Level 2 Inputs other than quoted prices included within Level 1 that are
observable for the asset or liability either directly or indirectly (e.g.
quoted prices of similar assets or liabilities in active markets or quoted
prices for identical or similar assets or liabilities in markets that are
not active).
Level 3 Unobservable inputs for the asset or liability. Financial
instruments are considered Level 3 when their fair values are determined
using
pricing models discounted cash flows or similar techniques and at least
one significant model assumption or input is unobservable.
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Fair Value Measurement (continued)
The investments in real estate will fall into Level 3 category therefore
fairvalue estimates discussed herein are based upon certain market
assumptions and pertinent information available to management as of the
reporting date.
Investments in Real Estate Transactions
Purchases and sales of real estate investments are recorded on a transaction
basis. Distributions from the real estate investment are first applied
to the cost of the investment until the total cost has been recovered after
which point any further distributions are recorded as realized gains.
Further realized gains and losses on real estate investment transactions
will be recognized upon the sale of the investment. Changes in unrealized
gains and losses are included in the results of operations.
Organizational Costs
In accordance with Financial Accounting Standards Board (FASB) Accounting
Standards Codification (ASC) 720 organizational costs including accounting
fees legal fees and costs of incorporation are expensed as incurred.
Risks and Uncertainties
The Company has no operating history and has not generated revenue
from operations. The Companys business and operations are sensitive to
general
business and economic conditions in the U.S. and worldwide along with
local state and federal governmental policy decisions. A host of factors
beyond the Companys control could cause fluctuations in these conditions
including but not limited to its ability to raise sufficient funds from
investors to acquire multifamily and commercial real estate the
availability of suitable real estate properties to acquire and changes
to Regulation
A Plus. Adverse developments in these general business and economic
conditions could have a material adverse effect on the Companys financial
conditions and the results of operations.
Deferred Offering Costs
The Company complies with the requirements of FASB ASC 34010S991 and
SEC Staff Accounting Bulletin (SAB) Topic 5A Expenses of Offering.
Deferred offering costs consist principally of accounting and legal fees
incurred in connection with an offering the Company intends to commence
during 2018 under Regulation A. Prior to the completion of the offering
these costs are capitalized as deferred offering costs on the Statement
of Assets Liabilities and Members Equity. The deferred offering costs will
be charged to members equity upon the completion of the offering
or to expense if the offering is not completed. Deferred offerings costs
of $12000 are capitalized to the Statement of Assets Liabilities and
Members Equity as of Nov 3 2023.
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Income Taxes
The Company is a limited liability company. Accordingly under the Internal
Revenue Code all taxable income or loss flows through to its members.
Therefore no provision for income tax has been recorded in the statements.
Income from the Company is reported and taxed to the members on their
individual tax returns.
The Company complies with FASB ASC 740 for accounting for uncertainty in
income taxes recognized in an enterprises financial statements which
prescribes a recognition threshold and measurement process for financial
statement recognition and measurement of a tax position taken or expected
to be taken in a tax return. For those benefits to be recognized a tax
position must be morelikelythannot to be sustained upon examination by
taxing authorities. FASB ASC 740 also provides guidance on derecognition
classification interest and penalties accounting in interim periods
disclosure and transition. Based on the Companys evaluation it has been
concluded that there are no significant uncertain tax positions requiring
The Company may in the future become subject to federal state and local
income taxation though it has not been since its inception. The Company is
not presently subject to any income tax audit in any taxing jurisdiction.
NOTE 3 MEMBERS EQUITY
The Managing Member holds 100% of the members equity of the Company as of
Nov 3 2023. The Class B Interests were issued at formation as founders
interests for no consideration.
The Company is offering 150000 Class A Interests at $1000 per Interest
through a Tier II offering pursuant to Regulation A under the Securities Act
also known as Reg A+ and it intends to sell the Interests directly to
investors and not through registered brokerdealers who are paid commission.
The minimum investment is $250000. The maximum amount to be raised in
the offering is $150 million. The Investors who contribute capital to the
Company
shall upon acceptance by the Managing Member of their Subscriptions become
a Class A Members in the Company. The Capital Contributions of the Class A
Members shall result in sixtyfive (65%) of the total interests in the
Company.
The Managing Members Class B Interest will be a 35% profits interest and is
subordinate to the Class A Interest.
Losses for any fiscal year shall be allocated among the Members in proportion
to their positive capital account balances until the balance of each
capital account equals zero. Thereafter all losses shall be allocated in
accordance to each Members respective Percentage Interest in the Company
giving consideration to their respective ownership period. Profits will first
be allocated pro rata to the Members in accordance with the amount of
Losses previously allocated if such previous Losses were not offset by
Profits. Thereafter Profits shall be allocated in accordance with actual
distributions of Distributable Cash and shall be allocated 65% to the Class
A Members (in proportion to their respective Percentage Interests)
and 35% to the Class B Interests. In all cases giving consideration to
their respective ownership period.
In accordance with the operating agreement distributions will be allocated
65% to the Class A Members and 35% to the Class B Members.
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 4 RELATED PARTY TRANSACTIONS
The Company has engaged the Managing Member to manage the Company under
a management agreement. The Company is subject to the following fees under this
agreement
Reimbursement of Organization and Offering
The Companys Managing Member and its affiliates will be reimbursed for
actual organizational and offering expenses incurred. Organization and
offering expenses consist of the actual legal accounting printing marketing
advertising
filing fees any transfer agent costs and other accountable
offeringrelated expenses. The Managing Member will only request reimbursement
once the Company has raised more than $1million and will limit such
reimbursements to $100000 should only $1 million be raised.
Deferred offering costs from inception to Nov 3 2023 of $12000 were incurred
by a related party on the Companys behalf and are shown as a related party
advance on the Statement of Assets Liabilities and Members Equity. This
related party advance is unsecured interestfree and repayable on demand.
Acquisition Fee
For each real estate investment the Company will pay its Managing Member
or its designated affiliate 1% of the investments fixed asset purchase price.
This fee will be paid at the discretion of the Managing Member but no later
than the liquidation of the real estate investment.
Disposition Fee
For each real estate investment the Company will pay its Managing Member or
its designated affiliate 1% of the investments sale price. This fee will be paid
at the disposition of the investments real estate.
Asset Management Fee
The Company will pay the Managing Member an Asset Management Fee totaling 1% of
the Contributed Capital as of the end of each prior month. The amount of
Contributed Capital will only be reduced for the return of capital to Members
from the liquidation and disposition from the sale of one of the Companys
assets. This fee will be payable monthly.
NRS EQUITY FUND I LLC
NOTES TO FINANCIAL STATEMENTS
For the period October 12 2023 (inception) to November 3 2023
NOTE 5 FINANCIAL RISKS AND UNCERTAINTIES
Liquidity Risk
Liquidity risk is the risk that the Company will not be able to raise funds to
fulfill its commitments including inability to sell investments quickly or
close to fair value.
Market Risk
Market risk is the potential loss that can be caused by increasing or decreasing
in the fair value of investments resulting from market fluctuations.
Credit Risk
Credit risk represents the potential loss that would occur if counter parties
vail to perform pursuant to the terms of their obligations.
NOTE 6 SUBSEQUENT EVENTS
Management has evaluated subsequent events through July 2 2018 the date the
financial statements were available to be issued. Based on this evaluation
no additional material events were identified which require adjustment or
disclosure in these financial statements.
SIGNATURES
Pursuant to the requirements of Regulation A the issuer certifies that it has
reasonable grounds to believe that it meets all of the requirements for
filing on Form 1A and has duly caused this offering statement to be signed on
its behalf by the undersigned thereunto duly authorized in the City of
State of on (date).
NRS EQUITY FUND I LLC
By Nitin R Singh CEO
This offering statement has been signed by the following persons in the
capacities and on the dates indicated. NRS EQUITY FUND I LLC
Nitin R Singh CEO (Date) Nov 3 2023
Instructions to Signatures
1. The offering statement must be signed by the issuer its principal
executive officer principal financial offi cer principal accounting officer
and a majority of the members of its board of directors or other governing
body. If
a signature is by a person on behalf of any other person evidence of authority
to sign must be filed with the offering
statement except where an executive officer signs on behalf of the issuer.
2. The offering statement must be signed using a typed signature. Each
signatory to the filing must also man ually sign a signature page or other
document authenticating acknowledging or otherwise adopting his or her signature
that appears in the filing. Such document must be executed before or
at the time the filing is made and must be retained by the issuer for a period
of five years. Upon request the issuer must furnish to the Com mission
or its staff a copy of any or all documents retained pursuant to this section.
3. The name and title of each person signing the offering statement must be
typed or printed beneath the signature.