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McKee, Curylo, Parrington: Considerations for Independent Third Parties to Assist With EB-5 Investments

Publications - Article | December 12, 2017

Kutak Rock attorneys Mariza McKee, Kamille Curylo and Christopher Parrington authored an article entitled “Imagine the Responsibilities--Considerations for Engaging Independent Third Parties to assist with EB-5 Investment Deployment and Securities Law Compliance." The article appears in the NES Financial EB-5 Insider Fall 2017 issue.

In the article the authors recommend taking extra time to consider how a qualified independent third party (ITP) may be useful in protecting the EB-5 fund flow and ensuring compliance with securities laws. The article discusses common methods for managing related-party risk, and includes practical tips with regard to structuring an RFP when outsourcing appropriate tasks to ITPs. The authors stress that the use of ITPs in evolving roles may help enhance investor confidence and improve the professionalism of EB-5 endeavors.

McKee, a partner in the firm'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.

Curylo has represented clients in over $20 billion in aggregate principal amount of various bond and structured debt financings. She focuses her practice on hospital and senior living transactions, EB-5 loan financings, and student loan securitizations.

Parrington is a member of the firm’s securities and commercial litigation practice groups. In addition to his securities regulatory and compliance work, Mr. Parrington also is actively involved in representing businesses and business owners servicing the state-legal cannabis industry.