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CHESTERMERE · E-2 FIELD GUIDE

What documents distinguish the investor’s funds from a partner’s funds?

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THE DIRECT ANSWER

Provide the contribution agreements, lawful funding history and transfer records for the applicant, with the ownership and repayment terms explaining other contributions.

Avoid combining separate legal arrangements

A shared account does not by itself establish who supplied the capital or under what terms. Identify gifts, loans and ownership contributions accurately. Explain any intermediate entity and retain actual dates. Ask which part of the funding is relied on for the applicant’s E-2 proposal rather than presenting the total enterprise balance as the answer.

Formation documents and the current ownership ledger, three years of financial statements and tax returns, payroll registers and an employee list, equipment schedules and customer contracts, and a draft purchase and shareholder agreement that a lawyer can test against the treaty requirements. Include the signed exercise notice, proof it was delivered and accepted as the contract requires, wire records, escrow instructions, closing statement, updated share ledger, board consents, and agreements showing current voting or operational rights. Ask for the articles or formation documents, the current ownership register, titles and financing statements for vehicles and equipment, the premises lease with any landlord consent to assignment, the customer or service-maintenance contracts and their change-of-control clauses, and any insurance certificates and bonding.