Registration

General Disclaimer

Not an Offer of Securities. Birch Capital LLC is not offering to sell securities or soliciting an offer to purchase securities directly through this website. Any offer of securities in any fund may only be made pursuant to a written confidential offering memorandum and any sale of securities in such fund shall be evidenced, among other documents, by a subscription agreement executed by the potential investor. Offerings for Birch Capital investment funds will be made subject to exemptions from registration requirements set forth in applicable securities laws by the U.S. Securities and Exchange Commission. Our investment offerings have not been registered under the U.S. Securities Act of 1933 or the securities laws of any state and have not been approved or disapproved by the U.S. Securities and Exchange Commission, or the securities commission of any state or country. This website and the information provided herein is designed to summarize information regarding investment opportunities and is qualified in its entirety by the information in our project specific offering materials mentioned above.

Access from Outside the U.S. and Regulation D. 

Project offering materials and other confidential information provided herein by Birch Capital LLC are specifically targeted towards individuals that are physically present outside of the United States or who qualify under the provisions of Regulation D of the Securities Act of 1933. By agreeing to these terms, you are attesting that you are accessing this website from outside of the United States or are Regulation D qualified if in the United States.

Accredited Investor. Investment projects through Birch Capital LLC are offered specifically and only to those individuals that qualify as an “accredited investor.” An accredited investor is defined as follows:

• any person whose individual net worth, or joint net worth with that person’s spouse, at the time of his purchase exceeds $1,000,000; or
• any person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person’s spouse in excess of $300,000 in each of those years and has a reasonable expectation of reaching the same income level in the current year.

By agreeing to these terms, you are attesting that you are an “accredited investor.”

No Legal Advice. Birch Capital LLC does not operate as attorneys or legal counsel on behalf of investors; the company does not interpret United States immigration law and does not provide or offer legal advice or legal services to prospective investors. All prospective investors considering are recommended to consult with independent legal counsel experienced in U.S. immigration law prior to making any investment decision.

No Investment Advice. Birch Capital LLC is not authorized to provide investment advice and does not offer investment advice to prospective investors. Birch|Capital disclaims any responsibility for any investment-related profit or loss or expense that may arise directly or indirectly from such an investment, regardless of whether the investment is used for immigration purposes, or for compliance with USCIS (United States Citizenship and Immigration Service) requirements.

Third-Party Advisors. Birch Capital LLC also recommends that all prospective investors consult with an independent qualified attorney, financial advisor or accountant prior to making any investment-related decision which may affect their personal finances, related business entities, or any other entities or personal circumstances.

No Guaranty, Warranty or Representation Regarding Information; Risk Factors. All information provided in project offering materials, including real property operating projections and market data, has been based on data obtained from sources we believe to be reliable. However, Birch Capital LLC makes no guarantee, warranty or representation regarding the accuracy of this information. This information is submitted subject to the possibility of errors, omissions, changes of price or terms or other conditions. Birch|Capital may include projections, assumptions or estimates regarding real estate investment projects, and these may not represent current or future performance of properties described in our offering materials. Prospective investors should be aware of the risk factors related to such investments, as detailed in the offering materials which may be provided by the company.

Privacy Statement

The following outlines the privacy policy (“Privacy Policy”), effective as of March 2, 2009, for the website available at https://www.birchcapital.com, made available by Birch Capital LLC , the legal owner of the website. This Privacy Policy sets forth our policies regarding the collection, use and disclosure of certain information relating to use of this website. This Privacy Policy may evolve over time; please check this page for updates periodically. We will make a reasonable effort to post any changes to this Privacy Policy before they become effective.

Birch Capital LLC is dedicated to protecting and respecting the privacy of our investors and prospective investors as one of our highest priorities. The success of our business depends upon our ability to maintain the trust of our investors, and as such we consistently emphasize the importance of security and privacy among our employees. A description of the measures we have taken to ensure the privacy of confidential information collected and/or disseminated through our website is as follows.

Use of Personal Information. Birch|Capital LLC is the sole owner of the information collected on our website. We do not sell, share or rent personal information to unaffiliated third parties. The information collected at our site is used exclusively to follow up with interested parties who ask to be contacted by Birch Capital, and to provide information related to investment opportunities through Birch Capital. We will keep a record of your contact information under physical, electronic or other Birch Capital procedural controls that protect your confidentiality.

Information Collection. Birch Capital collects information supplied voluntarily from interested parties through our registration application, which is provided on the following page. Our application collects a minimum amount of information required for us to contact potential investors regarding our programs; this information includes salutation, first, middle and last name, phone number, e-mail address, country of residence and citizenship.

User-specific login information will be provided to you by Birch Capital in order to access our secure Investor Access website platform. It will be your responsibility to keep this username and password information strictly confidential.

Birch Capital utilizes a third-party website vendor to host our secure Investor Access platform. This platform requires “cookies” as part of its functionality. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s server and stored on your computer’s hard drive. We use cookies to record website session information, but we do not use permanent cookies. You will be required to log back into the Birch|Capital Investor Access site after a certain period of time has elapsed to protect you against others accidentally accessing your account.

Sharing of Personal Information. Though we make every effort to preserve user privacy, we may need to share your information with our affiliated service providers for the purposes of facilitating investment with Birch Capital. Each such provider must agree to implement and maintain reasonable security procedures appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification or disclosure.

We may also need to disclose personal information to other non-affiliated entities when required by law, when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website. You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.

Each investor may have the legal right of access to names, contact information and percentage of ownership of the other investors within his or her limited partnership, as provided in each Limited Partnership Agreement.

By providing any personal information to us, you fully understand and clearly consent to the transfer, collection and processing of such personal information.

Website Security Measures. As a security measure, you may only access your account information online from the Birch Capital website if you have registered your contact information with our registration system. Birch|Capital recommends that you do not log into your account from a public computer or workstation.

Birch Capital’s Investor Access website platform utilizes Secure Socket Layer (SSL) technology within a secure server (https) protocol to encrypt personal and account information sent over the internet. Any information provided to you is encrypted en route and decoded once it reaches your browser.

E-mail sent within Birch Capital’s Investor Access website is secure. However, e-mail sent to Birch Capital through other means may not be secure unless we specifically advise you that security measures will be in place prior to your transmitting the information. Therefore, we ask that you do not send confidential information to us via an unsecured e-mail. Please contact us at 781-431-2600 to discuss the best way to transmit such information.

Birch Capital is not responsible for the information practices employed by sites linked to or from our website. In most cases, links to non-Birch Capital websites are provided solely as resources to information on topics that may be useful to users of the Birch|Capital website. Third-party websites may have different privacy policies and/or security standards governing their sites.

Although we will take all reasonable security precautions regarding your personal information, due to the open nature of the Internet, Birch Capital cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using this website, you acknowledge that you understand and agree to assume these risks.

Opt-Out Right. If you believe we have not complied with our stated Privacy Policy concerning our usage of personally identifiable information collected from our website and/or that information we have provided to you based upon your internet activity is inaccurate, or if you wish to withdraw your consent to us contacting you via your e-mail or phone number, please contact J. Bruce Ricciuti at Birch Capital through one of the following: (i) by telephone, at 781-431-2600; (ii) by email to bruce@birchcapital.com, including the details of your request within the body of the e-mail message; or (iii) by mail, care of J. Bruce Ricciuti, Birch Capital LLC 150 E. Palmetto Park Road, Suite 800, Boca Raton, FL 33432.