Building an Effective Syndication or Investment Fund Team: Roles and Responsibilities
Tilden Moschetti: If your
syndication team or investment
fund team has more than just you
working in it, it's probably
helpful to think about roles and
responsibilities, who should be
doing what to make sure that
there's not some problem down
the road that ultimately is
probably going to impact your
investors. If you guys can't get
along the sponsors, and the
managers can't figure it out,
then it's going to trickle down.
And there's going to be problems
for your investors, which could
make your whole situation a lot
worse. So why not deal with
those things upfront? In this
video, we're going to go through
the seven different main
categories of roles and the
responsibilities of them to site
give gives you a place to start
thinking about them, to give you
a place to say okay, well, maybe
this person should be
responsible for this or this
person should be responsible for
that.
My name is Tilden Moschetti. I
am a syndication attorney. I
help a bunch of syndicators,
investment funds, put together
their legal documents and form
their investments, right. So put
together those syndications and
those funds. as I go along the
way, I see a lot of different
teams come together teams of two
teams of five teams of 10. When
I see that one thing, I'm not
immediately think if it's more
than one person is we might have
some sort of thing where we want
to identify the roles and
responsibilities early so that
the syndicators can do their job
better to make them so more
confident in what they're
supposed to be doing. So that
neither, nobody gets mad at
them, right. I mean, at the end
of the day, we just all want to
do the best we can we want to
make the most amount of money
for ourselves certainly make the
most amount of money for our
investors, so we keep getting
investments from them, so we
make more money for ourselves.
We can help that process by
identifying what the roles and
responsibilities are between the
team members. And I've also done
a number of syndications for
myself, I've worked with a
number of teams myself, let me
tell you, the teams that I've
been in where we did not define
a clear set of roles and
responsibilities, something
always happened, something where
people felt like they were being
taken advantage of or people
were not doing the right job, or
whatever it was. Setting those
things up early, is what I do
now all the time, if I'm going
to be in a team, and you should
think about that, too. So let's
go through exactly what kind of
categories I think are useful
for you. When you're setting up
a team, there are seven of them.
One such role and responsibility
that I think is useful to go
through is investment and
finance. This is a syndication
or investment fund. So
obviously, finance investments
are very closely coupled with
exactly what you're doing. So
this in this category, what
we're thinking about are things
like acquisitions, how are you
going to determine if something
is a good buy or not? Due
Diligence? How are we going to
make sure that it's a good buys
so that something doesn't fall
through the cracks, something
that we're buying is actually
what we're buying, looking at
the portfolio as a whole, if
you're buying an investment
fund, and everything's
identical, you're not getting
the benefits of diversity,
you're not getting the benefits
of different kinds of assets,
which could lead to better
results with lower risk. Acting
as the Chief Financial Officer,
the one who really is in control
of the money also goes into this
category. Also, in this category
is risk manager, like
identifying what risks there are
to the investment. It's not
always things that come out of
due diligence, it might be
governmental, it might be things
that are just happening locally.
If it's a real estate deal,
maybe it's something that's
happening in the property
itself, and you need to get
insurance for it to cover that,
that risk. And lastly, is that
Exit Planning. So who was going
to make the kind of
determination that really, maybe
it's time for us to make the
sale, maybe it's time this is
when we can make the maximum
amount of profit for our
investors and ultimately for
ourselves. The second category
is investor our Investor
Relations, investor relations,
not only is the talking to
investor bit, but it's acting as
a point person for investors to
come to. Now, most of the time,
this person is also involved in
the sales process. They're the
ones who's actually raising the
capital. They're going out to
the market, they're making sure
that those investors are there,
and they might have multiple
people on your team who do this
role. At the end of the day, I
would recommend that you also
have one person who's the key
contact. This is the key person
who investors can ask questions
to if they have them. They may
be responsible for also the
communications to investors
writing out those quarterly
emails to update them. And that
will invite more people to
communicate back in, I think
it's helpful for investors to
know, okay, if there's a
problem, I talked to this
person. So the investor
relations role is pretty wide.
But it also is a critical part.
So not only is it the capital
raising, that's absolutely
fundamentally critical. But it's
also those other things, making
sure that you have that key
contact person. Another key role
that's in a lot of syndication
and investment fund teams, is
that operational and project
management. So if you're doing
anything more than just buying
specific properties and selling
specific properties, there's
probably something that's going
on, on their assets that need
some sort of coordination and
some sort of work. If not,
there's definitely still some
things that happen with your
team. Right. So there's multiple
pieces to this. So part of your
operations might be the portal
software that you're using, you
know, making sure that every
investor can log in making sure
that all those things are there.
But also on is this Project
Management site. Now, long ago,
I had a project management
background, I was a certified
project manager. And actually,
it is a fundamental way to make
sure that projects follow
through very specific steps, I
would suggest that you adopt
that same kind of methodology
that's built into into project
management, to make sure that
your projects go the way they're
going. Now, that project might
look something like rehab on a
building, or the m&a on on the
purchase of a of a of a business
or something like that. Or it
might be just as simple of, Hey,
how are we going to make sure
that the marketing communication
for the sale goes out because we
decided we want to do a vote. So
there's multiple pieces,
different kinds of ways this
comes in. But the focus of this
kind of role, or these kinds of
roles is that operational and
project management side, another
function that's useful, and it
may not be just, it may not be a
whole person, it might be just
delegated to one of the other
people within your team is
compliance and legal. So
obviously, as a lawyer, that's
what I care about a good luck,
great deal. But it's also making
sure that those blue sky filings
are getting served, making sure
that the documents being
prepared by your syndication
attorney are are prepared
correctly and in the right way.
And in a way that's useful,
making sure that everything
looks right and that all the
kinds of reporting that needs to
go on for your syndication
happens in the timely manner.
They may also be interested in
well, when is when are tax
filings due? And when is the k
one Do they may work with the
finance person in order to
ensure the taxes are done on
time or as best as you can? So
that compliance piece really
make sure Okay, as a team, are
we doing everything that we need
to do in order to be compliant.
A lot of times you'll bring in
outside counsel like a
syndication attorney like
myself, in order to make sure
that all those things happen. In
my I also coordinate with an
accountant who specializes in
syndications or investment funds
or real estate or what have you.
Another key role is accounting
and bookkeeping. Now, this to
many of us is not the most
glamorous role, but a lot of
times that has fallen on me. So
I do recognize that it is there.
And I recognize it's a lot of
work. So the accountant and
bookkeeping role is very
critical to a syndication, I
mean, picture this, you have an
investor who gave you a really
large amount of money
100 200 300 A million 1000 A
million dollars. I
mean, that's, that's not
uncommon, by me saying 100 200 I
mean, 100,000 200,000 300,000
million dollars, it's a lot of
cash, they need to know that
their money is being treated
properly, you need to know that
the books are being kept in the
right way. I have investors in
every single deal that I do for
myself, there is going to be one
or two people that want a lot of
detail on those books. And they
should have it you should be
able to get a call from from an
investor requesting a copy of
the general ledger and send it
to them right away. What does
that do? It builds trust, which
means that they're likely to be
investors again in the future
because they see not only are
you doing everything by the
book, but you're so responsive
that you can provide those at a
heartbeat because you care about
their money and the and the
custody of it. One role that's
oftentimes overlooked is a
tenant relations and you can
think of it as a Human Resources
role. So human resources role
would be something like as is
everybody on the team working in
The best way possible, if we
have contractors or if we have
other employees, are they being
treated in the right way? Are
they on boarded properly or off
boarded properly? Are we making
sure money is happening in the
right way for them? Those sorts
of things. But also one thing
that is oftentimes overlooked is
tenant relations. Now, if you're
doing a real estate syndication,
more likely than not and lessons
development, you have tenants,
the tenant role the care of
tenants is different than the
care of investors, the person
who cares about the the feelings
in the business, and all those
things at the tenant are
probably not the same as the
investor relations person. Yes,
you can combine them, but it's
oftentimes not, oftentimes, it's
not the best place. Because if
you have tenants who are looking
up, you know who you are, and
what you do, if you have
somebody who's just in the
investment relations section,
doing tenant management, the
tenants not going to feel that
you've got their best interest
at heart. Now, granted, you
don't actually have their total
best interests at heart.
Ultimately, you care mostly
about your investors. But good
tenant relations is also very
fundamental. We want them to
know that you're there and that
you're listening to them. And
not just whatever for the sake
of investors, right. That builds
trust and loyalty amongst those
tenant, which really is the
lifeblood of your fund. If
you're doing a real estate fund,
that's not development. So those
are the seven key different
roles and responsibility
hierarchy that I see those seven
different categories, apply in
every syndication, you should
think through those and decide
whether or not they make sense
for you, and how you're going to
solve the specific problems
within them. Who's going to be
responsible for them? Now,
obviously, if you're working for
yourself, you're doing all of
those. If you're not working for
yourself, they have it's not
just one of you, if you've got
two people, or you've got 100
people, well, 100 would be very
big. But if you've got more than
one, it would be it's you need
to have this conversation about
exactly who's going to be doing
what the reason is to make sure
that feelings are happening
properly, that roles are getting
taken care of that nothing is
getting missed, and making sure
that everybody also feels good
about it. I've been talking a
lot about feelings in this
video. And I understand that the
some of you may be why is he
talking about feelings, this is
a very logical thing. And it is.
But at the end of the day, we
are emotional creatures. If you
feel like you're getting
slighted, you're not going to be
happy and that not feeling
happy, is going to translate to
not making as much money for
your investors, which is going
to translate to not making as
much money for you. My name is
Tilden Moschetti. I am a
syndication attorney. And I know
these things because I've also
got the experience of having
done deals myself, having put
these things together, working
with teams myself in the
trenches, having the arguments
over roles and responsibilities.
Now I'm sure I can help you if
you're putting a Regulation D
offering together under Rule 506
B or 506 C I welcome your call.
Let's talk about your project
and see what I can do for you