Cash Management For REITs And Funds In Uncertain Times

Law360 (March 25, 2020, 4:32 PM EDT) -- Although we are only at the beginning stages of what is shaping up to be a significant downturn, capital market conditions have already made it challenging, and in some cases impossible, for healthy companies to raise equity capital.

The current choppiness in equity capital markets highlights one of the largest drawbacks to real estate investment trust and regulated investment company status: the requirement to distribute at least 90% of ordinary income and short-term capital gains[1] each year.

Given their inability to retain earnings, REITs rely on frequent equity offerings to acquire and develop assets and to operate, with at-the-market programs providing...

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