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RURAL MUNICIPALITY OF HEADINGLEY · EB-5 FIELD GUIDE

Does an entity chart establish lawful source of the investor’s capital?

Sources checked:

THE DIRECT ANSWER

No. The applicant’s actual funding history requires separate records.

Keep project and personal evidence distinct

Trace origins and transfers for the individual funds. Corporate structure evidence does not explain where the applicant obtained the money.

Ask for the private placement memorandum, the subscription and partnership or operating agreements, the loan or equity instrument between the investor's enterprise and the job-creating entity, any security or intercreditor documents, and a sources-and-uses schedule. The full chain from origin to investment: the shareholders agreement, the redemption resolution and valuation, the promissory note, records of each payment received, tax returns and assessments, and bank statements tracing the money into the investment. Brokerage statements showing the account's history, tax returns reporting the income that funded it and the gains realized, the company records behind that income, and the liquidation and transfer records to the enterprise. Include tax records, business ownership material, sale agreements, bank statements, loan papers, gift documentation if relevant, currency transfers, and final investment receipts.