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MARTENSVILLE · E-2 FIELD GUIDE

Does owning less than half automatically rule out E-2 direction in Martensville?

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THE DIRECT ANSWER

Do not decide from that percentage alone. Assess the actual control arrangement and the separate enterprise treaty-nationality conditions.

Read the governing rights

A minority interest with no meaningful direction and one with different rights should not be described as the same proposal.

Request the same formation, ownership, and financial records that would be required for an unfamiliar business, and confirm the investor's treaty nationality and lawful source of funds independently of any local endorsement. The enterprise must be at least fifty percent owned by nationals of the treaty country, so an equal split leaves no margin, and the applicant must still be able to develop and direct the business despite the partner holding the other half. Ownership of half or more answers it straightforwardly; something short of half can sometimes be supplemented by operational control, such as a managerial position with genuine authority or a voting arrangement that gives the investor the decisive say. Deposits already paid, equipment already bought and the lease already signed all count as committed; a balance sitting in a Canadian account does not.Set ownership out by nationality and percentage before incorporating or transferring shares.