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STRAIT SHORES · E-2 FIELD GUIDE

What if voting rights change while the investment is being prepared?

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THE DIRECT ANSWER

Review the effective authority and nationality record before relying on earlier terms.

Update the governing documents

A stable share percentage can coexist with changed decision rights. The immigration account should reflect the arrangement actually in force.

The sequence that works for most small enterprises is to negotiate the lease and the equipment purchases first, sign what must be signed to make the investment genuine, and file with those documents in the file. Useful milestones include the executor's confirmation of the next distribution, the transfer of committed funds, the signing of the lease or purchase, and the completion of the source and path record. The investment must be committed before the consular application, so the usual sequence is to sign, place the funds beyond recall and close, or to close subject only to visa issuance, and then apply. Money still in a Canadian account is intent, not investment, and an application built on a purchase agreement with no funds moved will usually be refused. A visa-contingent closing, with funds in escrow released on issuance, keeps the investment committed for immigration purposes while protecting the buyer if the visa is refused. Agree what the plan becomes if the transfer cannot proceed, and avoid committing to anything non-recoverable until the funds have actually moved and the record supporting them is complete.