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RURAL MUNICIPALITY OF ST. FRANÇOIS XAVIER · E-2 FIELD GUIDE

Does translating a payment as investment make it qualifying E-2 capital?

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THE DIRECT ANSWER

No. Assess the actual commitment, risk and transaction terms.

Read the rights behind the word

A label should not conceal refund or financing provisions. Use the genuine agreement and lawful funds evidence rather than a preferred translation.

Treaty nationality of the investor and of at least half the enterprise's ownership; funds irrevocably committed and at risk; an investment substantial in proportion to the cost of the business; a real, operating, non-marginal enterprise; and that the investor will develop and direct it personally. Identify ownership, control, qualifying investment, nonmarginality and the role developing and directing operations. Describe the percentage, the rights attached, and whether any management role exists, because a holding carrying board or operational authority may be characterized differently from a purely passive one. Use citizenship evidence, purchase documents, ownership records, business plan, operating agreements, bank trail, invoices, and proof of decision rights. Investment substantiality is measured proportionally against the business cost, with no fixed minimum; capital must be irrevocably committed and at risk, although the applicant may still be in the process of investing. The enterprise’s other eligibility elements, including active direction and qualifying invested capital, need their own assessment.