Max Dilendorf’s practice involves real estate, blockchain and digital securities.
Invited speaker and advisor to government and private institutions such IBM, HSBC, Berkshire Hathaway, NYU, the Thailand Securities and Exchange Commission, the South East Asian Central Banks (SEACEN) Research and Training Center, the Capital Markets Development Agency (CMDA) of the Republic of Uzbekistan and others on the subject of digital securities, modernizing real estate and equity capital markets, payment systems, FinTech and regulatory aspects of DLT technology.
As part of the real estate practice, Max handles all phases of real estate transactions, including acquisitions, dispositions, leasing and financing of real estate in New York, set-up of qualified opportunity funds and EB-5 investments. Max regularly represents foreign individuals and family offices in connection with investments in U.S. based real estate, funds and private equity. Max provides advice on FIRPTA, CRS issues, PFIC/CFC rules, entity classification elections and international tax treaties.
Max has extensive experience representing clients in connection with real estate tokenization projects and structuring transactions using cryptocurrency, in compliance with applicable federal and state money transmission laws and anti-money laundering regulations.
Max also provides strategic, transactional and regulatory advice to a wide range of both established and emerging participants in the blockchain and FinTech space, and regularly represents digital security issuers, trading platforms, traditional and crypto investment funds, as well as family offices and managers wishing to cross-over to the blockchain sector.
Max was named to Super Lawyers’ New York Metro Area “Rising Star” in 2018 and 2019 in Real Estate and Technology Transactions sectors.
He has been involved in many conferences worldwide as panel speaker or presenter on the regulatory aspects of blockchain technology and regulation of cryptocurrencies.
-New York. Joint Webinar with OpenFinance, Harbor and Diginex. “Slicing through the Hype Around Tokenized Securities.” July 30, 2019.
-New York. Synergy Global Forum, Executive MBA Program. Presentation: “Regulation of Digital Assets in the US.” June 7, 2019.
-New York. Peltz International. Panel Discussion: “Real Estate Opportunity Funds.” June 27, 2019.
-New York. National Financial Network. Joint presentation with Popular Bank. “Structuring Real Estate Transactions Using Digital Assets.” June 12, 2019.
-New York. HSBC. Presentation: “Foreign Investments in US Real Estate and Use of Digital Assets.” April 24, 2019.
-New York. Joint Webinar with tZero and Polymath. “Security Token Framework: Interoperability Through Standards?” April 30, 2019.
-Kuala Lumpur, Malaysia. Asia Blockchain Review and Infinity Blockchain Ventures. Workshop. “Digital Securities (aka Security Tokens). How to launch STO in the US and issues to consider.” April 1, 2019.
-Kuala Lumpur, Malaysia. South East Asian Central Banks (SEACEN) Research and Training Centre. Presentation: “Framework for Launching Digital Securities in the US and Global Modernization of Capital Markets.” March 29, 2019.
-New York. Joint Webinar with OpenFinance and Securitize. “STO/DSO: from Planning to Secondary Trading.” March 13, 2019.
-New York. IBM Blockchain Ventures. Workshop: “Double Header: Security Token v. Utility Token; Jurisdiction Selection.” March 4, 2019.
-New York. NYC Blockchain Center. Workshop: “Real Estate Tokenization.” February 14, 2019.
-New York. Blockchain Society Executives-Only NYC Conference. Panel Discussion: “Security Tokens v. Utility Tokens.” January 31, 2019.
-Hangzhou, China. Bitrise Capital. Masterclass: “Issuance and Sale of Digital Securities in the US.” December 12, 2018.
-Hong Kong, HK. C-Block Capital. Presentation: “Structuring Cross-Border Real Estate Transactions Using Cryptocurrency.” December 4, 2018.
-Bangkok, Thailand. Thailand Securities and Exchange Commission (SEC). Topic: “Structuring Digital Security Offerings in the United States.” November 26, 2018.
-New York. Joint webinar with Securitize: “Real Estate Tokenization.” November 19, 2018.
-New York. Berkshire Hathaway HomeServices. Presentation: “Structuring Foreign Investment in New York Real Estate Using Bitcoin”. November 7, 2018.
-New York. US-China Real Estate Forum. Panel Discussion: “Tokenization of Real Estate.” October 11, 2018.
-New York. New York University. Panel Discussion: “Blockchain and Digital Securities Regulations in US and Abroad.” July 25, 2018.
-Moscow, Russia. Blockchain Week Conference. Presentation: “How to Launch Compliant Digital Securities in the US.” May 22, 2018.
-Moscow, Russia. World Blockchain & Cryptocurrency Summit. Panel Discussion: “Regulations of Cryptocurrency in the US an Abroad.” May 19, 2018.
60 Broad Street, 24th Floor
New York, NY
Security Token Offerings (STOs)
Business and Real Estate Joint Ventures
Inbound Investments in US Real Estate
U.S. Southern District of New York
US Inbound Investment in Commercial Development Project
Represented a foreign private fund in connection with the corporate and tax structuring of their investment in commercial real estate project in NYC by utilizing beneficial tax treaty provisions, and combination of debt and equity
Commercial Property Tokenization Consulting
Advised a client regarding the process of tokenizing $40M commercial property in the Midwest, addressed applicable securities regulations and token transfer restrictions for US and non-US investors, selected appropriate legal structure and consulted regarding the underwriting process on a smart-contract, issuance of ERC-20 tokens, verification of the accreditation status of US and non-US investors, KYC/AML checks, as well as onshore/offshore banking
Acquisition of Development Lot in Miami
Represented a developer as co-counsel in the acquisition of a $21M development lot on the Indian Creek Compound, Miami, FL
Sale of Multi-Family Building and Partner Buy-Out
Successfully represented a client in the sale of a mixed-use building in Midtown, Manhattan and in the buy-out of his partner’s ownership interest in the building
Tokenized Real Estate Lending Fund
Working with a client on setting-up a $20M tokenized real estate lending master feeder fund (US/Cayman), including potential tax implications, application of US securities and investment regulations and worldwide treatment of the fund tokens
Commercial Loan Secured by a Building
Represented a borrower in a $10M commercial loan transaction secured by an office building in Florida
Acquisition and Development of EPA’s Superfund Site in Connecticut
Represented a developer as co-counsel in a $50M project that involved the acquisition of the EPA’s Superfund site in CT for developing a 100,000 SF retail store
Retail Condo Purchase and Financing
Assisted a foreign client with obtaining financing for the purchase of a $5.75M retail condominium unit in Downtown, Manhattan
Advised a foreign client on structuring a reverse 1031-exchange for the sale of $5M mixed-use property in Midtown Manhattan
Delaware Dynasty Trust to Purchase and Hold Investment Real Estate
Represented a foreign investor as co-counsel in connection with setting-up a Delaware Dynasty Trust for asset protection purposes and for purposes of purchasing and holding investment real estate in New York
Luxury Estate Lease in Greenwich, CT
Represented a member of a royal family as co-counsel in drafting and negotiating the lease for a residential property in Greenwich, CT