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STRAIT SHORES · E-2 FIELD GUIDE

Which records show authority when several owners are involved?

Sources checked:

THE DIRECT ANSWER

Provide the actual governing, voting and management agreements and effective ownership records.

Identify reserved decisions

Explain what the applicant can direct and what others control. An informal assurance should not be presented as a binding right without support.

Several years of financial statements and tax filings, payroll and employee records, the lease and any assignment terms, supplier and customer contracts, licence and permit details, and a schedule of liabilities. A signed purchase agreement with an escrow that releases the funds to the seller upon E-2 approval and binds the buyer to close, together with bank records showing the money has left the buyer's control and entered escrow or the business. An unbroken documentary trail from where the money was earned or realised to the account that funded the enterprise: sale agreements, statements, tax records and transfer confirmations. Trace each one to a lawful origin with statements, sale documents or loan agreements, and identify what secures any borrowing, because collateral affects how borrowed funds are viewed. Include source documents, transfers, escrow or closing instructions, acquisition documents, ownership records, operating permits, lease or premises records, and a plan tied to real prices. Executed agreements, the bank trail, security papers, and realistic operating records establish these facts better than a broker summary or prospective budget alone. Collect formation records, ownership proof, contracts, invoices, bank transfers, payroll material, and a business plan that explains why the operation is more than a marginal livelihood.