Skip to content
KING · EB-5 FIELD GUIDE

What escrow records should I retain?

Sources checked:

THE DIRECT ANSWER

Keep the full agreement, payment instructions, wire confirmation, escrow receipt and later release documentation. The evidence should show where the money was held and how it ultimately reached the qualifying enterprise.

Reconcile legal terms with actual movement

Match account names, dates and amounts to the signed documents. Retain notices explaining any change in release conditions or receiving account. If funds are split between capital and administration charges, preserve that allocation.

An intermediary’s acknowledgement should be connected to the underlying bank evidence. Counsel can then assess the investment chronology rather than rely on a marketing description of the escrow process. Build a reconciliation a third party could follow without explanation.

Set out, in date order, the signed subscription agreement, the payment instruction, the wire confirmation, the escrow acknowledgement, any notice altering the terms, the release notice and the receipt by the enterprise. Match account names, amounts and dates across the chain, and note any point where they diverge, since a mismatch between the account named in the agreement and the account that received the funds is the kind of discrepancy easy to explain now and difficult to explain years later. Retain notices of changed release conditions even where the change appeared favourable.

The purpose of the file is to show where the money was held and how it reached the qualifying enterprise, and each link should be evidenced by a document rather than by a recollection of a call.