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TOWN OF LASALLE, ONTARIO · E-2 FIELD GUIDE

Does investing alongside a nephew change the substantiality analysis?

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THE DIRECT ANSWER

A co-investor changes the ownership and funding facts that must be assessed; there is no blanket rule excluding every other investor’s contribution. Identify the investing person or entity, the qualifying capital committed to the enterprise and the applicant’s own basis for developing and directing it.

Separate the two investors' contributions and roles

Reconcile each contribution with the partnership or corporate documents, nationality evidence and actual decision rights. Do not count uncommitted money simply because a relative promises to contribute, or assume the full business value is the applicant’s personal investment. Have the actual structure assessed under the E-2 substantiality and control rules. If the nephew also seeks E status, examine that person’s proposed role and eligibility separately.

Calculate ownership, nationality, investment, and control after documenting both contributions. Both investor and enterprise need treaty nationality. For Canada, that means citizenship, not permanent residence; treaty-country nationals must own at least 50% of the enterprise. The applicant must develop and direct the enterprise, ordinarily shown through at least 50% ownership or operational control. Investment is substantial by proportionality, with no fixed minimum, and funds must be irrevocably committed and at risk. A new enterprise need not be operating yet, provided it will be real, active, and nonmarginal. Family ties alone do not combine two investors’ money or votes.

Hypothetical example: A LaSalle bicycle-repair shop purchaser supplies most of the price, while a nephew contributes the balance for equal voting rights. The agreements should identify citizenship, capital, equity, veto powers, duties, and repayment priority. A credible operating plan should address more than a minimal living or significant economic impact, generally within five years after normal business activity begins. A larger contribution alone cannot resolve control if the applicant cannot direct after counting the nephew’s rights.