The SEC issued an Opportunity Zone Staff Statement to alert investors to applicable compliance implications under federal and state securities laws.
At the heart of the Opportunity Zone program is the requirement that investors utilize an investment vehicle designated as a Qualified Opportunity Fund (QOF). The QOF can be set up as a corporation or partnership interest and organized to accept investment from an unlimited amount of investors.
At issue is the applicability of securities laws to the set up and organization of the QOF and the raising of capital by the QOF.
It’s important for investors to understand if an interest in a QOF constitutes a security, the registration and exemption regulations associated with an offer and who can offer or sell interests in a QOF.
Click here to download and view the SEC Opportunity Zone Staff Statement.