South Dakota Clauses Relating to Preferred Returns

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US-P0606-2BAM
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This sample form, containing Clauses Relating to Preferred Returns document, is usable for corporate/business matters. The language is easily adaptable to fit your circumstances. You must confirm compliance with applicable law in your state. Available in Word format.
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FAQ

Preferred returns for an entire syndication can be calculated by multiplying the equity from the investor class by the preferred rate. For example, if $1 million is raised from investors to purchase a property, and the preferred rate is 6%, the annual preferred return would be $60,000.

In a true preferred return (also known as ?hard preferred return?), the operator only receives a portion of the profits from the cash flows or sale proceeds after you (the passive investor) receive your entire preferred return. This would be considered the first hurdle in the waterfall distribution schedule.

What is a preferred return? A preferred return is a profit distribution preference whereby profits, either from operations, sale, or refinance, are distributed to one class of equity before another until a certain rate of return on the initial investment is reached.

South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.

The preferred return is the threshold return that Limited Partners (LPs) receive before General Partners receive any profits. The cash-on-cash return is the overall projected returns to the LPs over the lifetime of the project.

The preferred investors will be the first to receive returns up to a certain percentage, generally 8 to 10 percent. Once you reach this profit percentage, the excess profits are split among the rest of the investors as agreed upon in negotiations. This type of return is most commonly used in real estate investment.

A preferred return in real estate is a percentage of return of profits that an investor must receive before the investment management team can receive a profit. A typically preferred return in a real estate investment is generally between 6% and 9%, depending on the investment's risk.

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South Dakota Clauses Relating to Preferred Returns