Dividend Capital REIT Restructuring Could be a Sign of Trouble

by InvestorLawyers on August 22, 2012

in Arbitration,FINRA,SEC,Securities Fraud,Suitability

Since the writing of the previous blog post “Dividend Capital Total Realty Trust Non-traded REIT Investors Could Recover Losses,” investment fraud lawyers have received communication from investors related to their concerns about the value of their shares. Reportedly, the quarterly dividend rate of these shares is 5.23 percent and the new price of each share is $6.69. The investment’s prospectus for Dividend Capital shares and its recent Securities and Exchange Commission filing indicate new terms for repurchase plans and a major restructuring of the investment. In addition, Dividend Capital Total Realty Trust appears to be going by a new name, Dividend Capital Diversified Property Fund.

Dividend Capital REIT Restructuring Could be a Sign of Trouble

This new offering is purportedly a means for the company to offer liquidity, securities fraud attorneys say. Generally, non-traded REIT shares are illiquid but, when the REIT is liquidated, are sold to another REIT, or goes public, the shares are sold. The SEC filing states that the offering is intended to replenish the capital of their fund shares. As a result, they will not have to list a termination date, should one of the aforementioned events occur. This new plan is scheduled to go into effect on October 1, 2012 and purportedly allows investors to liquidate shares at any time. The price of the shares at liquidation is determined by the company’s Net Asset Value’s daily calculation. However, restrictions on this plan include the following:

  • While Class A, W or I shares may be redeemed at any time, a “Quarterly Cap” has been instituted by Dividend Capital, which will limit redemptions equal to 5 percent of the total Net Asset Value of all shares set upon completion of the prior calendar quarter.
  • Class E Dividend Reinvestment Plan shares are not included in this new plan and, as such, the company will redeem only 5 percent of these shares in a year.
  • The right to alter or suspend the redemption plan is reserved by the Board of Directors.

According to investment fraud lawyers, similar restructuring methods have been undertaken by other non-traded REITs in the past. Though the current state of Dividend Capital is unclear at this time, similar efforts in the past have been used to prop up REITs that were later discovered to be greatly troubled investments.

Financial Industry Regulatory Authority rules have established that brokers and firms have an obligation to fully disclose all the risks of a given investment when making recommendations, and those recommendations must be suitable for the individual investor receiving the recommendation given their age, investment objectives and risk tolerance. Non-traded REITs are illiquid and inherently risky and, therefore, not suitable for many investors. However, because of the high-commissions these investments generally offer, many brokers make unsuitable recommendations of REITs to investors.

If you suffered significant losses as a result of your investment in a Dividend Capital REIT or another non-traded REIT, you may have a valid securities arbitration claim. To find out more about your legal rights and options, contact a securities fraud attorney at The Law Office of Christopher J. Gray at (866) 966-9598 for a no-cost, confidential consultation.

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