The Office of Government Ethics has issued new instructions regarding financial disclosure reporting requirements and conflicts of interest considerations for real estate investment trusts (reits), master limited partnerships and business development companies.
Such entities “can cause confusion for purposes of disclosure and conflicts of interest analysis because they all have underlying holdings and share some characteristics with both operating businesses and investment funds. Operating businesses make goods or provide services to clients or customers. Investment funds finance operating business and invest in other assets rather than operating the asset as a business,” said a legal advisory.
The advisory focuses on whether the asset an operating business or an investment fund; whether, if the second, it qualifies under an exception to disclosure requirements; and whether other exceptions may apply.