Yes. Two companies owned and controlled by the same group of individuals, each holding approximately the same share of each company, are affiliates for L-1 purposes; the share registers are the proof.
Same people, same proportions, both companies controlled
The regulation defines affiliate to include two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity. Three Torbay partners holding 50, 30 and 20 percent of both the logistics company and the U.S. affiliate meet that definition exactly. The petition should show it with the share register or shareholder ledger of the Canadian company, the membership ledger or stock ledger of the U.S. company, the shareholder or operating agreements that establish control, and a chart. Any variation between the two companies requires a fact-specific ownership-and-control analysis; a different set of owners or markedly different proportions may defeat the relationship. Control matters as well as ownership: if a shareholders' agreement gives one partner a veto in one company but not the other, explain it. The other requirements remain: the manager's continuous year, primarily managerial duties in the United States, and both companies actively doing business.
Hypothetical example: three owners of a Torbay paper-converting company create a U.S. affiliate, but one owner signs a side agreement granting another owner sole appointment power in the U.S. company. The registers still display matching percentages, yet the control analysis needs that agreement. A first review compares governance rights alongside ownership, then identifies whether an amendment or an explanation is needed. The record that settles the point is the executed governing agreement, not a later chart calling the entities affiliates.