Investor Engagement, Terms, and Agreement
The purpose of this section is to outline the Miller Bates, LLC (MB) investor terms of engagement and to clarify the nature and extent of the services provided. In order to ensure an understanding of our mutual responsibilities, we ask all loan participants and investors of MB to confirm the following arrangements:
- MB may, but is not obligated, to provide investment opportunities to the undersigned in the future. In such an event, MB will be responsible for the due diligence prior to presenting the opportunity to investors for consideration. Due diligence includes, but is not limited to, preliminary title reports and property valuations.
- MB will provide for consideration, information regarding opportunities for participation as they become available.
- MB will provide investors with the required forms (1099s, K-1s, etc.) necessary for annual tax reporting.
- MB will provide investors with reports and transactional histories upon request.
- MB will service loans and equity projects in accordance with the participation documentation or operating agreement that accompanies each project and is executed by each investor.
- MB will issue a password associated with the investor's email address allowing access to the millerbates.com website.
- MB will strive to protect and secure personal investor information.
- MB fees for services will be paid by the borrower and disclosed to the investor.
- MB makes no representations, warranties, promises, suggestions or guarantees whatsoever, in whole or in part pertaining to any investment opportunities, expected investment results or returns on investments. Investor acknowledges that a loss of investment is possible.
- MB reserves the right to discontinue services #2 and #6 if an investor remains in an inactive status for more than one year.
- INVESTOR represents and warrants to MB that he/she qualifies as an “Accredited Investor” under Regulation D as defined in the MB “Investor Questionnaire”.
- INVESTOR agrees to abide by the terms and conditions of each investment as specified in the participation documentation or operating agreement he/she executes.
- INVESTOR acknowledges a minimum participation amount of $50,000 in each loan or equity project in which they choose to be involved.
- INVESTOR has NOT engaged MB to provide investment advice or counsel for investment in any transaction. Each individual should consult his or her own attorney, business or tax advisor as to legal, business, tax and related matters.
- INVESTOR acknowledges this engagement letter in no way binds him/her to make any MB investments whatsoever. In the event the undersigned wishes to become involved in any investment opportunity, additional documentation will be required of the investor.
I HAVE READ, UNDERSTAND AND ACCEPT THE MUTUAL RESPONSIBILITIES AS DESCRIBED ABOVE.
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Miller Bates, LLC acknowledges responsibility to adhere to all applicable federal and state rules and regulations. This engagement letter does not constitute an offer or solicitation to sell securities nor an offer to buy securities in any jurisdiction. It is not intended to help form the basis for any investment decisions, and no specific recommendations are intended.
*In order to provide a sufficient number of Loans and Equity Projects for our investors, we ask that you conservatively estimate the amount you anticipate having invested at any given time during the year with Miller Bates, LLC. This is not a commitment to fund part or any of this amount. The sole purpose of this information is for Miller Bates, LLC’s planning purposes.
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Based on your entries, it does not appear that you meet the Accredited Investor criteria at this time. If you have any questions about how this criteria is determined or why it is needed, we welcome your call to our office at (801) 990-2222. We would like to work with you in the future and hope you will let us know if your situation changes.
Thank You.