The Manager of the NCE (EB-5 investors) should consider the following loan administration checklist.
- Retain Independent Counsel. The loan documentation should be in accordance with industry standards and consider the EB-5 Immigration program's unique requirements.
- Undertake the same due diligence as a financial institution. This includes obtaining a feasibility of current market conditions, appraisers, title reports and potentially title insurance, a survey, zoning and environmental reports.
A draw request provision whereby the developer (borrower) is obligated to have draw requests reviewed by qualified NCE personnel, and the manager should hire professionals to review and verify loan requests,
The overseer should not be an engineer, architect, or other consultant that may otherwise be retained by the developer.
Obtain regular financial reporting from the developer to verify the development budget and whether the EB5 project is on budget. Obtain periodic financial statements and ensure that the project is operating in accordance with the budgeted proforma.
Regularly review and confirm that insurance is being maintained on the project, that the senior loan in good standing and regular reporting in accordance with the terms of the loan agreement.
Furnish periodic reports to investors summarizing the procedures in place and providing investors with access to all of the information otherwise received and/or paid by the manager.