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EB-5 Securities Law Roundtable – Submits Analysis of Proposed Integrity Legislation

News | September 1, 2016

Kutak Rock partner Mariza McKee is a member of the EB-5 Securities Roundtable, a team of securities attorneys that has released consensus comments on the integrity provisions of pending legislation that would reform the Immigrant Investor Program, commonly known as the EB-5 Program.

The EB-5 Securities Roundtable proposes that integrity provisions of the proposed legislation should:

  • Further the goals of improving integrity and accountability in the EB-5 Program.
  • Accurately reflect the roles of various participants in an EB-5 securities offering.
  • Conform to existing principles of U.S. securities law and regulations.
  • Enable these provisions to work harmoniously for their intended purposes throughout the typical EB-5 offering process.
  • Define various terms used in the legislation to be consistent with U.S. securities laws and regulations, USCIS regulations and common EB-5 industry practice.
  • Enable compliance by regional centers by clarifying their obligations in connection with EB-5 offerings they sponsor.
  • Where appropriate, import proven securities regulatory mechanisms to achieve the intended purposes of integrity provisions.

The EB-5 Securities Roundtable is an informal, independent group of leading EB-5 securities attorneys organized to facilitate best practices in the offerings of EB-5 securities. The EB-5 Securities Roundtable is not affiliated with any EB-5 industry organization, regional center, offeror of EB-5 securities or job-creating recipient of EB-5 funds, and it receives no outside financial contributions. For more information, please visit the EB-5 Roundtable website.

McKee, a partner in Kutak Rock's Chicago office, focuses her practice on structuring, negotiating and documenting EB-5 financings. She counsels regional centers, private equity funds, developers, lenders, borrowers and community development agencies that manage or are otherwise involved with domestic and international equity offerings seeking EB-5 investment. She is also the co-chair of IIUSA’s Compliance Committee, which focuses on elevating ethical standards and integrity measures for members of one of the EB-5 industry’s leading stakeholder organizations.