Michael K. Rafter

Email This Page  Print This Page Print PDF
Shareholder
Monarch Plaza
3414 Peachtree Road, N.E.
Suite 1600
Atlanta, Georgia 30326
T: 404.443.6702
F: 404.238.9626

Rafter, Michael

Michael Rafter represents real estate investment trusts (REITs), business development companies (BDCs), real estate funds and other companies in connection with public and private offerings of securities, mergers and acquisitions, Sarbanes-Oxley Act compliance and general corporate law. Mr. Rafter has been representing public non-traded REITs for more than 15 years and regularly counsels real estate sponsors seeking to form a non-traded REIT or otherwise access the unique non-traded broker-dealer and registered investment advisor (RIA) distribution channel. Mr. Rafter has represented some of the leading non-traded REIT sponsors in connection with public offerings in excess of $15 billion. Mr. Rafter counsels broker-dealers on compliance with the Financial Industry Regulatory Authority (FINRA) rules and regulations. Mr. Rafter also focuses his practice on compliance with the Statement of Policy Regarding Real Estate Investment Trusts and Omnibus Guidelines applicable to BDCs adopted by NASAA and other "blue sky" securities law issues. Mr. Rafter is a frequent speaker at non-traded REIT industry conferences and other related events and has spoken on several panels with key FINRA and "blue sky" regulators.

Mr. Rafter also represents both domestic and foreign clients in structuring, negotiating, and documenting mergers and acquisitions (M&A) and other corporate combinations and reorganizations. He advises clients on transactions involving limited partnerships, limited liability companies, joint ventures, and other strategic alliances in the U.S. and overseas. 

Publications & Speaking Engagements

  • "Private Placements Vs. Non-Traded REITs: Which Way to Go for Prospective Product Sponsors? For Broker/Dealers?" moderator, 9th Annual IMN Western Non-Traded REIT Industry Symposium, Dana Point, California, December 2013
  • "Preparing for a Due Diligence Audit: Best Practices & Practical Solutions for Small-Mid-Sized Broker/Dealers," 10th Annual New York Non-Traded REIT Industry Symposium, New York, New York, June 2013
  • "Point-Counterpoint Debate: Traded REITs Vs. Non-Traded REITs as a Retail Investment," session chair, 8th Annual IMN Western Non-Traded REIT Industry Symposium, Dana Point, California, December 2012
  • "Multi-Product Distribution and Third Party Dealer/Manager Structures," moderator, 8th Annual New York Non-Traded REIT Symposium, New York, New York, June 2011
  • "Product Strategies: Assessing Where the Opportunities in Asset Classes/Geographic Regions will be in 2011," 6th Annual Western Non-Traded REIT Industry Symposium, December 2010
  • "Examining Strategies for Gaining Market Share Through Alternative Distribution Channels," IMN's Non-Traded REIT Industry Symposium, New York, June 2010
  • "A Focus On Healthcare: The Shining Light At The End Of A Dark Tunnel?" 5th Annual Western Non-Traded REIT Industry Symposium, Los Angeles, California, December 2009
  • "Examining the Strategies of Public Companies Entering the Non-Traded REIT Market Sector," IMN 6th Annual New York Non-Traded REIT Industry Symposium, New York, June 2009
  • "Assessing the Viability of Different Product, Distribution and Financing Strategies in the Current Market," Panel Moderator, IMN's 5th Annual Private & Non-Traded REIT Industry Symposium, New York, June 2008 
  • "Getting Inside the Broker Dealer Network: The Anatomy of a New Issue," panel moderator, IMN's 4th Annual Private & Non-Traded REIT Industry Symposium, New York, June 2007
  • "Exchange of Tenant-in-common Interests for UPREIT Units," IMN West Coast Private and Non-Traded REIT Industry Symposium, Scottsdale, Arizona, October 2006
  • "NASD Issues for Non-Traded REIT Offerings," moderator with Minh Le of the NASD, IMN Private and Non-Traded REIT Industry Symposium, New York, May 2006
  • "Blue Sky "Hot Button" Issues for the Non-Traded REIT Offerings," panel moderator, IMN Private and Non-Traded REIT Industry Symposium, New York, May 2005
  • "Non-traded REIT Offering Issues," NASAA Training Conference, Panel Speaker, State Securities Regulators, Miami, July 2005

 Professional Honors & Activities

  • Listed in Chambers USA: America's Leading Lawyers for Business as a leading Corporate/M&A lawyer in Georgia since 2011
  • Georgia Rising Star, 2005
  • Member – Atlanta Bar Association
  • Member – Investment Program Association (IPA)
  • Member – National Association of Real Estate Investment Trusts (NAREIT)
  • Member – State Bar of Georgia
  • Member – Real Estate Investment Securities Association (REISA)

Admissions

  • Georgia

Education

  • J.D., The John Marshall Law School (Chicago), 1996, cum laude
  • B.S., University of Tennessee, 1990