Managing Broker-Dealer Operations

Worry-Free Compliance Facilitates Offerings

Tobin & Company Securities LLC offers exacting managing broker-dealer services for your private placement offerings. If your company is issuing securities without the assistance of a licensed finder, you may need the services of a Managing Broker-Dealer. A Managing Broker-Dealer helps you comply with all federal and state securities laws, even if you source investors and capital on your own. Our supervision provides a safe harbor to issuers and their employees who raise capital who may be in conflict with Section 3(a)(4) of the Securities Exchange Act of 1934.

In our role as Managing Broker-Dealer, Tobin & Company Securities LLC works closely with the issuer’s management team in the due diligence, document preparation, process management and securities compliance for the offering. Once engaged in the process, Tobin & Company Securities LLC performs the following tasks:

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Due Diligence

We conduct an investigation and perform due diligence and analysis with respect to the business and operations of the issuer. We document these for our own files as well as for the soliciting broker-dealers and for our regulators.

Offering Materials

We structure, prepare and/or review financial models and analysis, private placement memoranda, subscription documents, investor questionnaires, organizational documents and other documents pertaining to the securities offering by the issuer.

Broker-Dealer Agreements

We enter into soliciting broker-dealer agreements with brokers and broker-dealers willing and able to market and sell the securities of the issuer.

Documentation

We assist with the processing of all subscription documents, offering documents and other documents necessary for finalizing the sale of securities of the issuer.

Compliance

We ensure that our client’s offering complies with state and federal securities laws, where applicable, and that all filings that are required by regulators are completed and filed.

CASE STUDY

Knowledge, Responsiveness Keys to Building Long-Term Relationships

Situation

Atlanta-based Roberts Properties, Inc. specializes in designing, developing, building, and managing upscale apartment communities. Staying on schedule raising capital, while fairly representing the benefits and risks of an offering, is critical to success. That’s where a knowledgeable, efficient, responsive, and astute Managing Broker-Dealer comes into play.

Roberts Properties had previously exited a 20-year broker-dealer relationship; it held an extensive interview and search process to select a new Managing Broker-Dealer.

Solution

Roberts Properties had very specific criteria for its search. The Firm that Roberts Properties would eventually select had to have intimate knowledge of Financial Industry Regulatory Authority (FINRA) rules and regulations and needed to have an unwavering confidence in its knowledge of FINRA compliance. And of course, the chosen Firm needed to be service-oriented and responsive.

Beyond that, there was one for thing the Firm needed; a proven record of building and nurturing strong relationships.

“We’re a very relationship-oriented business so once we get a relationship working it generally becomes long-term,” says Roberts Properties CFO Anthony Shurtz.

After screening a number of investment banking Firms, reducing the number down via conference call interviews, and vetting two finalists, Roberts selected Tobin & Company.

Results

In the past four years Tobin & Company has helped Roberts Properties navigate FINRA compliance on three equity-raising projects; two in Atlanta, one for $6.5 million and another for $10.5 million, plus a $10.725 million project named Tapestry Park in Savannah. Plans are now underway for a $21.3 million equity-raise for a mixed-use project with an apartment community, including an IHG Hotel Indigo.

“Justine’s been very effective in her compliance role,” says Shurtz. “She vets the deals and makes sure everyone is properly informed about the details. Investors get approved quickly and she’s done a great job substantiating the accreditation.”

Since engagement, Tobin & Company has reviewed and managed each of Roberts Properties’ equity transactions. The Firm has answered reviews as questions have arisen with the ultimate result that FINRA has had no further comments on any of the offerings.

The bottom line is that Roberts Properties and Tobin & Company are building a long-term relationship, one day at a time.

“With Tobin & Company our Registered Reps maintain their reputation through a company that has never had any violations, fines, or citations for questionable behavior throughout the history of the Firm.”

Eleanor Brewer, Attorney
US Freedom Capital