§ 856(a)

a real estate investment trust

UNDECIDED

0 of 2 settled

  1. 1

    § 856(a)

    ALL OF

    For purposes of this title, the term “real estate investment trust” means a corporation, trust, or association—

    “a corporation, trust, or association—” Opening words
    “which is managed by one or more trustees or directors;” § 856(a)(1)
    “the beneficial ownership of which is evidenced by transferable shares, or by transferable certificates of beneficial interest;” § 856(a)(2)

    Cases: San Francisco Real Estate Investors v. Real Estate Investment Trust of America, 701 F.2d 1000 (1st Cir. 1983)

    “which (but for the provisions of this part) would be taxable as a domestic corporation;” § 856(a)(3)
    “which is neither (A) a financial institution referred to in section 582(c)(2), nor (B) an insurance company to which subchapter L applies;” § 856(a)(4) unless Step 2 Is a (c)(2) financial institution UNDECIDED
    “the beneficial ownership of which is held by 100 or more persons;” § 856(a)(5)
    “subject to the provisions of subsection (k), which is not closely held (as determined under subsection (h)); and” § 856(a)(6)
    “which meets the requirements of subsection (c).” § 856(a)(7)
  2. 2

    § 582(c)(2)

    Is a (c)(2) financial institution

    ANY OF
    “any bank (and any corporation which would be a bank except for the fact it is a foreign corporation)”
    “any financial institution referred to in section 591”
    “any small business investment company operating under the Small Business Investment Act of 1958”
    “any business development corporation”