R. Kymn Harp represents real estate developers and investors. Using his 40+ years of experience guiding clients through all aspects of real estate acquisition and development, he goes a step further. Kymn helps real estate developers and investors raise equity capital for their projects.
Assembling equity capital is fundamental to successful real estate development. Virtually all development requires a sizable equity component. Even for developers with the capacity to fund the equity component alone, most prudent developers seek other investors to leverage capital, spread risk, and facilitate multiple projects at once. Kymn understands that success in real estate development requires a steady pipeline of development opportunities.
Beyond traditional real estate development vehicles such as joint ventures and limited partnerships, Kymn Harp helps developers raise capital through real estate syndication and creation of private real estate equity funds – in each case utilizing SEC Regulation D, Rule 506(b) or Rule 506(c) where appropriate. His practice includes preparing real estate private placement memorandums (PPM), tax compliant limited liability company operating agreements, Regulation D compliant special purpose vehicles (SPV), bankruptcy remote special purpose entities (SPE), and other structures as needed. He creates investment vehicles to minimize risk while enabling the developer to retain maximum control.
Kymn Harp is a Shareholder in Buchalter’s Real Estate practice group including its Community Development Finance subgroup. He applies a practical approach to project and transaction management with clear identification of transaction objectives and creative problem-solving.
Fundamental to assisting developers and investors raise capital and pursue development opportunities, Kymn Harp has deep experience drafting and negotiating traditional development agreements, public-private partnerships (P3) including tax increment financing (TIF), air-rights development agreements, limited liability company (LLC) agreements, private-placement memorandums (PPMs) for real estate investment, IRC Section 1031 tax-deferred exchanges, tenant-in-common (TIC) agreements, reciprocal easement agreements (REA), commercial and industrial leases, and other essential agreements for development and operation of commercial real estate.
Within Buchalter, Kymn coordinates with other Buchalter attorneys specializing in tax exempt bonds, syndication of historic preservation tax credits (HTC), low income housing tax credits (LIHTC), new market tax credits (NMTC), property assessed clean energy (PACE) financing, and other state and federal tax credits and incentives, as well as attorneys specializing in real estate investment trusts (REITs), umbrella partnership real estate investment trusts (UPREITs), taxation, construction, and environmental law.
Kymn Harp is also actively engaged in the complementary practice of business ownership and management law, representing businesses, and business owners and investors. Beyond traditional business counseling, including representation in purchase and sale of privately held businesses, he helps early stage (start-up) qualified small businesses (QSB) raise capital by taking advantage of the exclusion of capital gains from gross income available to qualified investors selling direct-issue qualified small businesses stock (QSBS) under IRC Section 1202.
Widely recognized as an industry thought-leader, Kymn is a frequent author and public speaker. He has published numerous articles and white papers on real estate topics, and has written two books on commercial real estate including Illinois Commercial Real Estate – Due Diligence to Closing.