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BURLINGTON · L-1A FIELD GUIDE

Which records best show executive discretion?

Sources checked:

THE DIRECT ANSWER

Use governance documents and ordinary decision records that identify the executive’s authority and its practical effect. Relevant examples may include policy adoption, resource allocation or instructions to management, depending on the business.

Show context around the decision

A board resolution should be read alongside the duties it delegates and the organization that carries them out. Explain the date, affected component and implementation responsibility. Avoid submitting impressive financial figures without connecting them to the beneficiary’s work.

If executive authority differs between the foreign and U.S. organizations, describe both structures rather than assuming a single job description proves the two roles. Provide the material that shows a decision in its setting rather than the decision alone.

A board pack containing the proposal the executive brought, the discussion recorded in the minutes and the resolution passed is more informative than the resolution by itself, because it shows who framed the question and on what basis. Add the governance documents that define the boundary: constitutional documents, any shareholders' agreement, the reserved-matters schedule and the delegation of authority. Then add material the executive generated without approval — a strategy they issued, a policy they set, a senior appointment they made, an expenditure within their limit — since those demonstrate the latitude rather than describing it.

Check that the documents are consistent with one another on thresholds and titles before any of them is selected.