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MISSISSAUGA · E-2 FIELD GUIDE

When should treaty ownership be checked during fundraising?

Sources checked:

THE DIRECT ANSWER

Check it before relying on the proposed structure for an E-2 application and again when final financing or transfers change ownership. A qualifying preliminary chart may no longer describe the company at submission.

Keep the filing record current

Reconcile signed subscription or transfer documents with the ownership ledger, nationality evidence and governance rights. If a change is planned after approval, obtain advice on its immigration effect rather than assuming the earlier analysis remains valid. Evidence preparation, transaction closing and government processing have separate dependencies, so avoid a filing date based on an outdated capital table.

The output should be a check now and a defined trigger for the next one. Establish the ownership position before relying on it for an application, then identify the events requiring it to be rechecked: a new investor, a transfer, a financing round closing, or any restructuring. Name the person who will notice each event and tell the adviser, because a change nobody reports is the usual reason a filing describes a company that no longer exists.

Reconcile the signed subscription or transfer documents against the ownership ledger, the nationality evidence and the governance rights, since these three routinely drift apart during fundraising. Where a change is planned after approval, ask what its effect would be before it happens rather than afterwards. A qualifying preliminary chart may no longer describe the company by the time anything is submitted.