Question

Susie Harrison is a financial consultant to Investments Trust Inc., a real estate syndicate. Investments Trust Inc. finances and develops commercial real estate (office buildings.) The completed projects are then sold as limited partnership interests to individual investors. The syndicate makes a profit on the sale of these partnership interests. Susie provides financial information for the offering prospectus, which is a document that provides the financial and legal details of the limited partnership offerings. In one of the projects, the bank has financed the construction of a commercial office building at a rate of 10% for the first four years, after which the rate jumps to 15% for the remaining 20 years of the mortgage. The interest costs are one of the major ongoing costs of the real estate project. Susie has reported prominently in the prospectus that the break-even occupancy for the first four years is 65%. This is the amount of office space that must be leased to cover the interest and general upkeep costs over the first four years. The 65% break-even is very low and thus communicates a low risk to potential investors. Susie uses the 65% break-even rate as a major marketing tool in selling the limited partnership interests. Buried in the fine print of the prospectus is additional information that would allow an astute investor to determine that the break-even occupancy will jump to 95% after the fourth year because of the contracted increase in the mortgage interest rate. Susie believes prospective investors are adequately informed as to the risk of the investment. 200 word minimum

Answer 1

1) Analysis

First of all, there are various guidelines and code of conduct for finance consultant which needs to be followed very professionally.

2) Facts of the case and Interpretation

Susie has disclosed the break even point of 65% in current prospectus for first 4 years. This break even point is optimum and attractive to investors. Susie used the business tactics to attract the investments.

The Information provided in the prospectus is not fully material. It was nowhere disclosed that break even point will become 95% after 4 years which can give negative feedback and rating to company and can create fear in investors. Proper explanation regarding future positions should be included in prospectus with professional analysis and judgements.

3) Conclusion - Sussie has not acted ethically due non disclosure of relevant facts and figures. This was done to mislead the investors at the cost of breach of code and conduct of finance professional. Such information was buried in the fine prints of prospectus .