Opportunity Zones

Our specific experience at the intersection of investment structures, real estate, tax matters, and government regulation rests on a broad foundation of engagements spanning the entire United States. This includes:

• Representation of real estate developers, sponsors, and both large and small capital sources
• Representation of funds structured to be compliant with statutory framework
• Representation of businesses raising “opportunity zone” capital in connection with a growth strategy

Interdisciplinary team

• Real estate acquisition, construction, and development attorneys
• Fund formation and operation attorneys
• Securities attorneys
• Tax attorneys
• Affordable housing attorneys
• Venture capital and emerging markets attorneys

Our clients are as diverse as our team

• Experienced regional and national real estate investors and developers
• Venture capital funds
• A wide array of start-up and established businesses seeking strategic investment opportunities

Nelson Mullins’ experienced Qualified Opportunity Fund Team combines legal and practical experience to help clients explore the possibilities represented by this once-in-a-generation investment opportunity.

Nelson Mullins is well-positioned to guide investors and fund managers through the complexities of this powerful structure that aligns community and financial interests in a new way. We have worked with a broad array of investors, real estate developers, and business owners to structure Qualified Opportunity Funds and compliant projects that meet business objectives and help achieve desired tax benefits for investors. Our clients are the beneficiaries of depth of experience and practical advice.  

Our team has been on the forefront of thought leadership efforts to analyze and comment upon this program. We routinely speak and write in this area. 

Our lawyers have studied the laws, analyzed the opportunities, and stay abreast of developments in this rapidly-evolving area:

• Counseling clients on the benefits of Opportunity Zone investing in the context of their overall business and investment strategies

• Advising individuals and businesses on the structuring of funds and investments

• Anticipating any new statutory amendments and related regulations that will better define how Qualified Opportunity Funds will operate

• Conferring with government agencies and potential investors regarding project investments and creation of Qualified Opportunity Funds

• We have developed a framework for advising on structural, operational and compliance dimensions of our clients’ investments

Additional Resources

This link is provided for convenience. Nelson Mullins does not monitor, and has no control over, the content in the linked websites.

• Map of OZ tracts: https://opportunityzones.hud.gov/resources/map

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Represent a strategic joint venture between a regional real estate company, minority owned partnership and national equity firm in the opportunity zone and capital stack structuring involving a mixed used development involving life science, multi-family, university facilities and office. Property is subject to long term ground lease and total project value is in excess of $2 billion dollars. 

• Represent developer in the structuring, acquisition and development of a student housing projects adjacent to “anchor” universities.  

• Strategic Advisor to the national University on Opportunity Zones. Developed training materials; advised with respect to potential University focused developments both on campus and with strategic partners in multiple locations. Hosted multiple events promoting opportunity zones and infrastructure projects as a means of building community and development and long-term resilience.    

• Represent a strategic joint venture between a regional real estate company and private equity fund involving the structuring of a multi-phased/multi parcel strategic life science development with an aggregate transaction value in excess of $1 billion.

• Represent multiple real estate companies on a programmatic basis with respect to multiple opportunity zone developments (total transaction value - $500 million) across all asset classes. 

• Represent Equity Hedge Fund with respect to its investment in target opportunity zone businesses across the country in various industries including manufacturing, food production and art storage.

• Represent and advise multiple Family Offices with respect to their opportunity zone investments involving affordable housing, hotel, multifamily, self-storage, cold-storage and industrial properties.

• Designed and implemented a “QOF Merger Program” for national opportunity zone sponsor that allows “orphaned” opportunity funds the ability to merge into the client’s Master Fund without adverse tax consequences.