EB-5 in true colors
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01
You are making equity investment in a company created for raising EB-5 capital for specific project
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02
EB-5 is a passive investment: you don’t have to manage the company, hire employees, pay taxes, chose project to invest in, etc.
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03
All these decisions are made for all EB-5 investors by the management company, and it is important to understand who will manage your capital
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04
As an equity investor, legal recourse to contest management decisions are limited under derivative claim theory and business judgement rule
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05
Your investment is earmarked for specific project, so you should carefully analyze it to understand repayment chances
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06
Your capital is typically provided to the project developer as a loan, and the sole asset of your company is the receivable—the legal right to claim repayment of that loan
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07
If the developer does not repay the loan, you will not get your capital back, so you must be extremely careful when choosing EB-5 project
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08
Your management company will skim most of the interest paid on the loan, your share will be symbolic. Your other EB-5 costs (administrative fees, legal fees, etc.) will make your EB-5 investment unprofitable or generate a loss
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09
Repayment of your capital is not guaranteed, insuring the risks is impossible, you can rely only on commercial, financial and legal analysis of the project
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10
That is why we are here for you to guide you through the process

