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RURAL MUNICIPALITY OF EAST ST. PAUL · E-2 FIELD GUIDE

Does a seller’s training agreement prove the investor can direct the enterprise?

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THE DIRECT ANSWER

Not by itself. Review the actual rights and operating responsibilities.

Read what remains under the seller’s control

Identify continuing approvals or restrictions and how decisions will be made. A training label does not establish the complete control arrangement.

Corinne's Canadian citizenship settles the nationality of the investor, but the enterprise must also be majority owned by treaty nationals, which the proposed equal split with an American partner would defeat. In an even split neither shareholder holds a majority, so the shareholders' agreement has to allocate operational control clearly: who is the managing member, who signs, who hires, who decides pricing. Go through every asset on the business's equipment or inventory list and match it to a bill of sale, lease, consignment agreement, or supplier contract that shows who actually holds title and what the investor paid or pledged. Eligibility turns on treaty nationality by citizenship, at least fifty percent treaty ownership of the U.S. enterprise, substantial capital genuinely at risk, a real operating business, non-marginality, and genuine development and direction by the applicant.