YES! Do a 506B and a 506C at the SAME time

You can always do concurrent offerings. There’s nothing wrong with doing not only two 506Bs, but you could theoretically do a 506C and a 506B at the same time, two completely different deals. You have two projects, two apartment buildings that you’re under contract, you want to raise them separately, and one’s a 506B, one’s a 506C. You just got to be very, very careful. You got to draw that proverbial Chinese wall and just make sure that the 506B, you’re fully complying with that. So there’s no general solicitation, there’s no advertising. What you cannot do if somebody calls you for the 506C deal, say, hey, sorry, and they’re not accredited, hey, sorry, you’re not eligible for my 506C deal, but hey, I’ve got a 506B over here, why don’t you go in there? Legally speaking, maybe practically speaking, it might be a tough one, but from a legal perspective, you can absolutely do concurrent raises. And especially if they’re two completely separate projects, then as long as you can show that you’re not mixing and matching and it’s very clear, then you should be fine.

Related Articles