The group’s attorneys advise and represent clients in structuring all aspects of a transaction, including:
Commercial Leases
Corporate formation, including business entity selection
LLP, LLC, Partnership, S-corp, Corporation, other entities
Operating agreements for limited liability companies (LLCs)
Contractual matters, including employment related contracts
Shareholder agreements
Majority/minority representation
Commercial and other financial arrangements
Mergers, acquisitions, and divestitures
Start ups, early stage, and emerging growth companies
Reorganizations
Loan work outs/forbearance agreements
Complex transactions
Sale-leasebacks
Tax deferred exchanges
Real property tax appeals
Employee/labor benefits, liabilities and necessary notices
The group’s extensive commercial real estate representation includes experience with a wide range of projects and developments. These include contract negotiation, land acquisition and development, lease structuring and other legal services for, among others:
Industrial park developments
Multi-property real estate purchases
Brownfields land acquisition, recovery, and renewal
Governmental redevelopment agency projects
Hotel development, including acquisition, construction and permanent financing
Apartment to condominium conversion
Condominium development and formation
Statutory compliance and interpretation
Health care agreements
Wealth transfer transactions focused on tax benefits
The group assists clients in transactional real estate matters and dispute resolution for:
Construction lending (lender and developer representation)
Development loan closings
Community associations
Homeowners associations (HOA’s)
Plantation properties
Commercial foreclosures
Mechanics liens
Preparation and interpretation of restrictive covenants
Industrial property acquisitions
Assemblage of multiple parcels
Zoning and land use regulation
Commercial leasing
Contract negotiations
Title insurance claims
Section 1031 exchanges
Condominium master deeds
While the group focuses on commercial transactions, it also has an active practice in residential real estate including the purchase and sale of high-end residential properties in
The downtown historic district
Kiawah Island
Seabrook Island
Sullivans Island
Isle of Palms
The firm also advises clients on related property tax issues, including
homeowner assessment ratio
assessable transfer of interest
valuation for tax purposes
The group’s attorneys provide tax advice, in consultation with the firm’s tax group when appropriate, to help clients monitor and control the tax and estate planning implications of each business decision.
In addition to leading complex corporate transactions, the firm provides local counsel opinion letters for multi-state and interstate transactions. South Carolina law differs in important ways from the laws of other states. The firm’s attorneys are knowledgeable about lender issues, South Carolina case law, and other local issues that directly influence commercial real estate transactions.
Clement Rivers, LLP lawyers regularly analyze and review documents and provide legal opinions on a variety of issues for clients including
banks
insurance companies
health care providers
institutional lenders
individuals
Firm lawyers often act as local counsel for clients and other law firms throughout the country in South Carolina multi-state transactions, and collaborate with attorneys in other states to similarly assist clients in South Carolina.
When helping a client to establish a business in South Carolina, this group works closely with the firm’s tax attorneys. Together, the attorneys review the prospective company’s
structure
participants
goals and
liability concerns
Based on this, the attorneys recommend the optimal form of business organization. The group’s goal for every business client is to focus on liability protection and tax minimization, while helping to position the company structurally for sustainability and growth.
