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RURAL MUNICIPALITY OF ROCKWOOD · E-2 FIELD GUIDE

Does a provider network establish a real operating enterprise by itself?

Sources checked:

THE DIRECT ANSWER

No. Assess the actual business activity, investor and enterprise evidence.

Show what the business actually does

Available services can support an operation without proving customers, activity or the required capacity. Keep plans distinct from completed operations.

The enterprise itself must be at least fifty per cent owned by nationals of the treaty country, so the analysis follows the ownership chain upwards rather than stopping at the buyer's passport. The consular guidance distinguishes between indebtedness secured by the assets of the enterprise, which is not an investment because the investor is not personally at risk, and loans secured by the investor's personal assets or unsecured loans on the investor's personal signature, which are. The elements remain nationality, ownership of at least fifty percent by treaty nationals, substantial capital genuinely committed and at risk, a real operating commercial enterprise, non-marginality, and a develop-and-direct role. The capital must be irrevocably committed and at risk in the enterprise, so funds still recoverable at the investor's option, or held pending an outcome, have not yet met the requirement however clearly the gift is documented. E-2 requires treaty-country nationality for both the investor and the enterprise; Canada qualifies, and in this scenario the Canadian citizen must own at least 50 percent of the enterprise or otherwise possess operational control.