The only exit language in this fund document is sponsor discretion
Went through four QOF documents this month with one thing in mind. The incentive rewards holding, and now that the program is permanent the sponsors have stopped writing hard end dates into their offerings. Every one of these says the manager may sell, refinance or continue to hold at its discretion after the required period, with no obligation to liquidate.
I hold land for long periods on purpose so a long hold doesn't scare me. What I'm working out is which failure I'd rather own.
Option one is a fund with a stated target liquidation window, say months 120 to 144, with a mandatory wind-down after that. You get a date. The cost is that the manager may be selling into whatever market exists on that date, and a forced seller in year twelve with an expensive construction basis is not in a strong position.
Option two is open-ended discretion. The manager sells when it makes sense. The cost is you have no idea when your capital comes back, the sponsor keeps earning fees on it, and the only realistic exit is a secondary transfer at a discount or a redemption provision that in three of these four documents is entirely at the manager's option.
Option three is neither of those, which is that the hold length is a distraction and the thing to underwrite is whether the property throws off cash from year three onward. If it does, the exit date matters much less because you're not waiting on a sale to get paid.
I've argued myself into all three at different points this month. Also worth saying that how a transfer of a fund interest gets treated for the tax benefit is a question for your own professional, since I've seen two sponsors describe it differently.
In a permanent-regime QOF, which exit structure would you sign?
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