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THREE RIVERS · E-2 FIELD GUIDE

Can the company’s bank balance be described as my invested funds?

Sources checked:

THE DIRECT ANSWER

Not without establishing the actual entitlement, transfer and qualifying commitment. The company and applicant are distinct parts of the funding account.

Explain who owns the money

Use the real arrangement rather than assuming ownership of shares makes every company asset personally available.

Control ordinarily follows majority ownership, but the shareholder agreement must not give the retiring founder a veto over operations, budgets or hiring that would leave the applicant unable to direct the company. The investment must be substantial in proportion to the cost of buying or establishing this particular business, which means a modest purchase price demands proportionally more rather than less. The test remains a real operating enterprise, substantial capital genuinely committed and at risk, qualifying treaty nationality with at least 50% treaty ownership, an investor who genuinely develops and directs, and a business that is more than marginal. A list of twelve choices the investor will personally make — the lease terms, the opening price list, the first two hires, the supplier who gets the account — persuades more than a paragraph asserting control. The applicant still needs qualifying treaty nationality, substantial lawful at-risk commitment, development and direction and a real nonmarginal enterprise; a construction invoice does not establish all those conditions.