EX-99.(L) 20 d917417dex99l.htm EX-99.(L) EX-99.(l)

Exhibit (l)

LOGO

The Atlantic Building

950 F Street, NW

Washington, DC 20004-1404

202-756-3300

Fax:202-756-3333

www.alston.com

 

David J. Baum    Direct Dial: 202-239-3346    E-mail: david.baum@alston.com

July 10, 2018

Broadstone Real Estate Access Fund

800 Clinton Square

Rochester, New York 14604

This letter is in response to your request for our opinion in connection with the filing of this Registration Statement on Form N-2 (the “Registration Statement”) of Broadstone Real Estate Access Fund (the “Fund”).

We have examined the Registration Statement, the Fund’s Agreement and Declaration of Trust, the Fund’s By-laws, the Fund’s record of the various actions by the Trustees thereof, and all such agreements, certificates of public officials, certificates of officers and representatives of the Fund and others, and such other documents, papers, statutes and authorities as we deem necessary to form the basis of the opinion hereinafter expressed. In examining the documents referred to above, we have assumed the genuineness of all signatures, the legal capacity of all natural persons, the authenticity of documents purporting to be originals and the conformity to originals of all documents submitted to us as copies. As to questions of fact material to our opinion, we have relied (without investigation or independent confirmation) upon the representations contained in the above-described documents.

Our opinion, as set forth herein, is based on the facts in existence and the laws in effect on the date hereof and is limited to the federal laws of the United States of America and the Delaware Statutory Trust Act. We express no opinion with respect to any other laws.

Based upon and subject to the foregoing and the qualifications set forth below, we are of the opinion that:

After the Registration Statement is effective for purposes of applicable federal and state securities laws, the shares of the Fund, if issued in accordance with the then current Prospectus and Statement of Additional Information and subject to compliance with the 1933 Act, the Investment Company Act of 1940, as amended, and all other laws relating to the sale of securities of the Fund, will be validly issued, fully paid and non-assessable.

 

 

Atlanta • Brussels • Charlotte • Dallas • Los Angeles • New York • Research Triangle • Silicon Valley • Ventura County • Washington, D.C.


Broadstone Real Estate Access Fund

July 10, 2018

Page 2

Our opinion expressed herein is as of the date hereof, and we undertake no obligation to advise you of any changes in applicable law or any other matters that may come to our attention after the date hereof that may affect our opinion expressed herein.

We hereby give you our permission to file this opinion with the U.S. Securities and Exchange Commission as an exhibit to the Registration Statement. This opinion may not be filed with any subsequent amendment, or incorporated by reference into a subsequent amendment, without our prior written consent. This opinion is prepared for the Fund and its shareholders, and may not be relied upon by any other person or organization without our prior written approval.

 

Sincerely,

ALSTON & BIRD LLP

By:  

/s/David J. Baum

 

A Partner