Dickinson Wright

Legal counsel for real estate joint ventures, syndications, fund formation, and tokenization

18+ years
structuring securities offerings
200+
offerings closed
$2B
aggregate capital structured

Securities counsel for sponsors raising real estate capital

From first-time syndicators to institutional fund managers, paper or token.

Emerging Sponsors

First-time syndicators moving beyond friends-and-family raises who need entity setup, securities exemption guidance, and offering documents that meet federal compliance standards.

Real Estate Sponsors

Experienced sponsors needing entity setup, exemption strategy, and offering documents built to close on single-asset deals.

Developers

Operators focused on the asset, while capital formation and securities compliance are handled alongside the deal.

Fund Managers

Sponsors managing multi-asset vehicles for institutional and private investors, including fund formation and ongoing securities counsel.

Tokenization Platforms & Issuers

Teams launching tokenized offerings with support for token structure, smart contract review, and compliant transfer restrictions.

Capital formation in real estate is governed by federal and state securities law

These are the challenges sponsors face, and where we step in

01

You're ready to scale beyond friends-and-family, but securities law feels like a minefield

The Problem

Most sponsors don’t realize their first capital raise is a securities offering subject to SEC regulation.

How We Solve It

We identify the right exemption, structure the entity, and draft the documents so you can raise capital without regulatory exposure.

02

You've outgrown one-off JVs and need a repeatable fund structure

The Problem

Single-deal joint ventures hit a ceiling, not realizing when it’s time to move to a semi-specified or blind-pool fund with institutional-grade governance.

How We Solve It

We design the vehicle, investor economics, and compliance framework to scale with your deal pipeline.

03

You want to explore tokenization without becoming a securities-test case

The Problem

Tokenized offerings confuse investors on compliance, like federal exemptions, etc.

How We Solve It

We structure compliant tokenized deals so you can access global investors and programmable governance without regulatory guesswork.

SEC Exemption Finder

Answer 3 quick questions to identify the optimal regulatory structure for your real estate capital raise

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1. Will you be publicly advertising or soliciting your raise?

Public advertising includes social media posts, public webinars, websites open to the public, or emailing lists where you do not have a pre-existing relationship.

2. Are you planning to allow non-accredited (retail) investors?

An accredited investor generally has $200k+ individual income ($300k joint) or $1M+ net worth (excluding primary residence). Non-accredited investors are retail / friends-and-family who don't meet these limits.

3. Will you accept international (non-U.S.) capital?

Accepting funds from offshore investors who are not U.S. citizens or residents allows you to leverage Regulation S alongside domestic exemptions.

Optimal Exemption Structure

Rule 506(c) Offering

Based on your choices, this is the most effective compliance pathway.

Raise capital with compliant, investor-ready documentation

Pillar A

Real Estate Syndication

Full-lifecycle legal work for single-asset private real estate capital raises. Engagement covers entity selection, offering document drafting, SEC filings, and ongoing investor reporting.

  • Rule 506(b) and 506(c) offerings
  • Real estate crowdfunding under Regulation A+, Regulation S and Regulation CF
  • Offering document drafting: PPM, operating agreement, and subscription agreements
  • Sponsor, promote, and waterfall design
  • Form D filings, investor disclosures, and capital call documentation
  • Blue Sky/state securities compliance
Explore Syndication →
Pillar B

Real Estate Fund Formation

Structuring multi-asset investment vehicles for sponsors ready to move beyond single-deal raises. We design the fund mechanics, LP economics, and compliance framework to scale with your pipeline.

  • Fund formation: closed-end, open-end, semi-specified, and blind-pool
  • Limited partnership and LLC fund agreements, side letters, and management agreements
  • Carried interest, promote, and investor waterfall design
  • Investment Advisers Act, Investment Company Act, and ERISA counseling
  • Capital raising support and marketing material review
  • Form D filings, investor disclosures, and ongoing fund governance
Explore Fund Formation →
Pillar C

Real Estate Tokenization

Real estate tokenization offerings under Regulation D and Regulation S, including securities compliance, token documentation, smart contract review, and on-chain transfer controls.

  • Tokenized offering structure under Rule 506(b), 506(c) and Regulation S
  • Security token offering (STO) structuring and token terms drafting
  • SPV-based tokenization structure design and investor rights alignment
  • Smart contract legal review and ERC-3643 standard guidance
  • Transfer restrictions and accredited investor verification baked into token logic
  • Secondary trading readiness and ATS coordination
Explore Tokenization →

How we work together

01

Discovery Call

A first conversation scopes the deal: asset, sponsor team, investor profile, and raise size, and lays out the realistic structure options.

02

Structure & Exemption Selection

We determine the right securities exemption, including Rule 506(b), 506(c), Regulation A, Regulation S, or a hybrid structure, along with the appropriate legal entity, typically an LLC or limited partnership.

03

Document Drafting

The private placement memorandum, operating or partnership agreement, subscription documents, and any token-layer paperwork are drafted and refined through review cycles.

04

Close & Ongoing Counsel

We handle final filings, including Form D submissions with the SEC, support investor onboarding, and ensure the legal framework is in place for future raises and ongoing operations.

Jason Powell, Dickinson Wright

Jason Powell

Dickinson Wright · Austin, TX

Jason Powell is a corporate & securities attorney and real estate syndication attorney in the Austin office of Dickinson Wright, where he advises real estate sponsors, investment managers, and developers on private capital formation.

His practice focuses on real estate syndications, private equity fund formation, joint ventures, and tokenized real estate offerings structured under Regulation D and Regulation S. Before joining Dickinson Wright, Jason served as in-house general counsel, giving him a business-side perspective on risk management and capital allocation that shapes every engagement. He is licensed in Texas, Washington, Oregon, and Idaho and practices nationally.

Jason works across the full real estate capital stack, from traditional syndications to blockchain-based investment structures with smart-contract execution. He is also the author of The Real Estate Tokenization Handbook.

Jason draws on the firm’s broader real estate finance, land use, and private equity practices, giving clients access to an integrated platform for complex, multi-disciplinary transactions.

Dickinson Wright Author · Tokenization Handbook

Trusted by sponsors raising capital nationwide

Discuss Your Deal
Security Token Offering
$120M

Institutional-Scale STO

Reg D capital raise structured on-chain.

Real Estate Fund
$200M

Green Single-Family Fund

Multi-asset residential development fund.

Opportunity Zone Fund
$100M

Multifamily OZ Fund

Opportunity Zone fund, focused on multifamily.

Regulation A+
$50M

Vacation Rental Portfolio

Vacation rental portfolio with public-investor access.

Tokenized Real Estate Fund
$25M

On-Chain Apartment Fund

Real estate apartment fund structured on-chain.

Private Money Lending
$60M

Secured Lending Fund

Lending fund secured by real estate assets.

Token Offering, First of Kind
$10M

First U.S. Church Token

U.S. church real estate offering structured on-chain.

$2B+
Aggregate Capital Structured
Across syndications, funds & tokenized offerings

Education for serious sponsors

The Real Estate Tokenization Handbook

Download →

Syndication Readiness Checklist

Download →

Blog

Browse →

Glossary

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Frequently asked questions

What is real estate syndication? +

Real estate syndication is a legal structure where a sponsor (the general partner) raises capital from passive investors (limited partners) to acquire and operate a property or portfolio. The vehicle is usually an LLC or limited partnership; distributions follow a waterfall set out in the operating agreement.

What is real estate tokenization? +

Real estate tokenization represents investor ownership in a real estate offering as a digital token on a blockchain. The underlying ownership remains governed by securities law, Regulation D, Regulation A, and Regulation S, so a tokenized deal meets the same federal compliance standard as a traditional real estate syndication.

What's the difference between Rule 506(b) and 506(c)? +

Both are SEC exemptions under Regulation D for private real estate offerings. Rule 506(b) permits unlimited capital from accredited investors plus up to 35 sophisticated non-accredited investors, but no public advertising. Rule 506(c) permits public advertising but requires every investor to be verified as accredited through CPA letters or income documentation.

Do I need a securities lawyer to raise capital for a real estate deal? +

Almost always yes. Federal securities law treats most capital raises as a security, whether the deal is called a syndication, a fund, or a tokenized offering. Securities counsel selects the right SEC exemption, drafts the private placement memorandum, and files the required forms to keep the raise compliant.

Are tokenized real estate offerings subject to SEC regulations? +

Yes. The SEC treats most real estate tokens as securities. A tokenized offering follows the same federal exemptions, Regulation D, Regulation A, and Regulation S, as a traditional syndication or fund. The token changes the rails, not the rules.

Ready to raise capital, compliantly?

Schedule a 30-minute discovery call. Get a clear path forward on your next real estate syndication, fund formation, or tokenized offering.

Or reach directly: jpowell@dickinsonwright.com · 512-567-5308