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FOR ENTREPRENEURS · PARADISEParadise

Your ambition.Your enterprise.

Hypothetical example: a Paradise home-renovation contractor agrees to buy sixty per cent of an established U.S. kitchen-and-bath remodelling company, with the American founder keeping forty per cent and staying on, and funds the purchase with a line of credit secured on his Paradise home. E-2 requires Canadian nationality of the investor and of at least half the ownership, capital irrevocably committed and at risk, an amount substantial relative to the business, a real operating enterprise that is more than marginal, and an investor who develops and directs it. Each element is present in this structure, but two of them, control and risk, are decided by documents that must be drafted deliberately rather than inherited from the seller's standard forms. A bank balance that can still be withdrawn normally does not demonstrate an E-2 investment; closing records should show the investor has put personally exposed funds beyond a reversible intention.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · A minority partner and a home-equity loan are both workable, if the control and the risk are documented the right way

Start with the E-2 eligibility and application overview

01

Write the control into the operating agreement, not just the cap table

Sixty per cent ownership ordinarily satisfies the develop-and-direct requirement, but an operating agreement drafted by the founder's lawyer may reserve major decisions to a unanimous vote, give the founder a veto over hiring, or make him the sole manager. Any of those can leave the Paradise investor as a majority owner who cannot direct the business. Before signing, have the agreement reviewed so that management authority, hiring, budgets and contracts sit with him or with a board he controls. The founder's continued role as an employee or minority manager is fine; his continued control is not. List each reserved decision beside the ownership percentage before signing. The practical question is whether the investor can set the enterprise’s direction without a minority veto over routine operating choices.

02

Use the home-equity loan correctly

Funds borrowed against the investor's own home are his capital at risk because his personal asset secures the debt, unlike a loan secured by the U.S. business. Document the line of credit agreement, the property it is secured on, the draw into his account and the transfer to escrow or to the company. Keep the loan personal: if the U.S. company guarantees it or the founder co-signs it, the risk analysis changes. Show as well that he can service the debt from resources other than the business's early income, because a business that must fund its owner's loan from day one looks marginal. A source-and-path schedule should trace each draw, transfer and closing payment. It helps distinguish personal borrowing secured by the investor’s property from financing that leaves the enterprise carrying the loss.

03

Prove the enterprise with the seller's history and the buyer's plan

An established remodelling company has tax returns, payroll, a lease and a backlog of signed customer contracts. Those records prove the enterprise is real and non-marginal. Add the buyer's plan for the next two years, showing how his Paradise renovation experience will be applied, which crews will be retained, and what hiring is expected. The plan should be conservative and tied to the existing backlog; a projection that assumes the business will double in a year invites questions about the assumptions rather than confidence. Test projections against existing contracts, payroll and capacity rather than a hoped-for sales increase. The reader must be able to see how the enterprise can support more than the investor’s household.

04

Commit through escrow and apply from Canada

The purchase agreement should deposit the price in escrow released solely on issuance of the E-2 visa, with financing, inspection and landlord consent satisfied beforehand. The application is made at a U.S. consulate with the DS-160 and the E-2 application form, the corporate documents, the source-of-funds trail and the business evidence. His spouse would be work-authorized incident to E-2 status, children may study until 21, and E-2 offers no direct route to permanent residence, which matters for a family planning the long term. Before submitting, compare the escrow instructions with the purchase agreement and the business plan. A condition allowing easy withdrawal may leave the commitment too tentative for the investment analysis.

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E-2 · PARADISE

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