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Andrew Fentress

Chairman of the Board at ACRES Commercial Realty
Board

About Andrew Fentress

Andrew Fentress (age 55) serves as Chairman of the Board of ACRES Commercial Realty Corp. (ACR) since July 2020; he is not independent due to his affiliation with ACR’s external manager (ACRES Capital Corp.) . He is a Managing Partner, shareholder, and board member of ACRES Capital Corp., leading capital markets; prior roles include Managing Director at Napier Park Global Capital (2014–2016), founding/Managing Partner at Medley Capital (2006–2014), and Morgan Stanley (from 1995) overseeing global trading operations in TMT sectors . His board tenure covers a period in which ACR separates Chair and CEO roles to enhance oversight and risk management .

Past Roles

OrganizationRoleTenureCommittees/Impact
ACRES Commercial Realty Corp.Chairman of the BoardJul 2020–presentBoard leadership; separation of Chair/CEO roles supporting governance and risk oversight
Napier Park Global CapitalManaging Director, Special SituationsJan 2014–Sep 2016Investment management experience strengthening capital markets insight
Medley CapitalFounding & Managing Partner2006–Mar 2014Built firm to $5B AUM and 60 employees; investment committee; oversaw asset management
Morgan Stanley & Co., Inc.Operations lead for global trading team (TMT)From 1995Operational leadership in global trading across technology, telecom, media sectors

External Roles

OrganizationRoleTenureNotes
ACRES Capital Corp.Managing Partner; shareholder; board member2016–presentParent of ACR’s external Manager; direct affiliation creates non-independence

Board Governance

  • Independence: The Board determined six of nine nominees are independent; Fentress is not independent due to Manager affiliation .
  • Board leadership: Chair (Fentress) and CEO roles are separated; Board cites benefits of dual strong voices and independent oversight .
  • Committees (2024 composition and meetings):
    • Audit: Neff (Chair), Kessler, Edwards; 14 meetings .
    • Compensation: Kessler (Chair), Levin, Neff; 3 meetings .
    • Nominating & ESG: Levin (Chair), Ickowicz, Williams, Edwards; 3 meetings .
    • Investment: Fogel (Chair), Ickowicz, Kessler; 1 meeting; independent directors review investments involving Manager refinancing .
  • Executive sessions: Quarterly, chaired on a rotation among independent committee chairs .
  • Attendance: Board held six meetings in 2024; each director attended at least 75% of Board and applicable committee meetings .

Fixed Compensation

ItemAmountNotes
Annual cash retainer (non-employee independent directors)$100,000Paid quarterly
Committee feesInvestment +$30,000; Audit +$10,000; Compensation +$5,000Per committee membership
Chair feesAudit Chair +$5,000; Compensation Chair +$5,000Additional cash for chair service
Andrew Fentress (Director fees)$0Receives no director compensation from ACR; compensated by Manager

Performance Compensation

MechanismMetric/TargetGrant DetailsVestingNotes
Restricted stock plan (post-ACRES Transaction)Book value per share targets: $21, $24, $27, $30, $33, $36Up to 333,333 shares granted upon each threshold; 10% to independent directors (excludes Fentress/Fogel), remainder to Manager
2024 grant (threshold achieved)Book value $27 (reported)4,762 restricted shares per independent director at $13.92 grant-date price (May 7, 2024)Four-year vesting for performance grantsFentress did not receive director equity grants
Equity grant policyPerformance-based (book value)Applies to all future grantsFour-year vestingAligns directors/Manager with stockholder performance

Other Directorships & Interlocks

  • Public company boards: No other public company directorships disclosed for Fentress; Board policy limits directors to ≤3 public boards absent Board consent . One other director serves on one public company board (Compass, Inc.; Dawanna Williams), not Fentress .
  • Interlocks/affiliations:
    • Managing Partner/board member of ACRES Capital Corp., the parent of ACR’s Manager; extensive related-party transactions across management fees, reimbursements, servicing, development, equity grants to Manager affiliates .

Expertise & Qualifications

  • 30 years in finance/investment management; deep capital markets and real estate finance expertise .
  • Firm-building and asset management leadership; investment committee experience; TMT trading operations background (Morgan Stanley) .
  • Governance and risk oversight via Chair role within a separated leadership structure .

Equity Ownership

HolderShares% of CommonNotes
Andrew Fentress86,2011.17%Includes 26,316 shares held by his minor children and 18,483 shares held by his parents; excludes 966,347 shares held by ACRES Share Holdings, LLC under “rule of three” (not deemed beneficially owned by individual directors) .
Shares outstanding (record date)7,394,194Voting rights 1 per share .
  • Hedging/pledging: Company policy prohibits hedging and pledging; exceptions require prior approval; all individuals believed in compliance .
  • Ownership guidelines: Not disclosed for directors; anti-hedging/pledging policy and performance-based equity framework are in place .

Governance Assessment

  • Committee assignments, chair roles, expertise
    • Fentress serves as non-independent Chairman; not listed as a member of Audit, Compensation, Nominating & ESG, or Investment committees (which are majority/all independent, except Investment includes CEO) .
    • Brings capital markets and investment management expertise; supports risk oversight in separated Chair/CEO structure .
  • Independence, attendance, engagement
    • Not independent due to Manager affiliation; Board majority independent; executive sessions held quarterly; attendance ≥75% in 2024 .
  • Director compensation mix and ownership alignment
    • Receives no cash/equity compensation for director service from ACR; broader director compensation ties equity grants to book value performance; four-year vesting fosters long-term alignment (excludes Fentress) .
  • Potential conflicts or related-party exposure — RED FLAGS
    • External management model: Manager (affiliated with Fentress) receives substantial base management fees ($6.5M in 2024) and reimbursements ($4.7M in 2024); incentive fee structure based on EAD/book value hurdle (no incentive fees in 2024) .
    • Affiliate transactions: ACR provided $12.0M loan to ACRES Capital Corp. (amended Mar 13, 2025 to ACRES Holdings LLC with additional $7.0M draw option, maturity extension to 2031 upon exercise, rate increase to 5%); interest income $331k in 2024; principal $10.7M at year-end 2024 .
    • Manager affiliates received fees: ACRES Capital Servicing special servicing fees $328k; DevCo development fees $412k; ACRES Collateral Manager fee waived on certain deals; ACRES Share Holdings received equity under Manager Plan (295,237 shares granted in 2024, 25% vest annually over four years) .
    • Investment oversight: Transactions refinancing Manager-provided debt require independent director approval; mitigates but does not eliminate conflict risk .
  • Say-on-pay and shareholder feedback
    • 2024 Say-on-Pay support ~83%; Compensation Committee continued current practices including enhanced disclosure of manager fee allocations and fixed vs variable pay .

Overall, Fentress’ capital markets expertise and leadership as Chair are positives for oversight, but his deep ties to ACRES Capital (the external Manager) and the breadth of affiliate transactions present continuing conflict-of-interest optics. The Board’s independent committee structure, executive sessions, and independent director approvals on certain investments are important mitigants investors should monitor for rigor and consistency .