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APPLICATION ANSWERS · E-2 FIELD GUIDE

Should customer contracts be included in the business review?

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THE DIRECT ANSWER

They may help explain operations when their actual terms and status are clear.

Distinguish orders from projections

Do not present an unsigned lead as an executed commitment. Contract evidence does not replace the capital, nationality or control requirements. Hypothetical example: a Canadian maker of custom climbing equipment is acquiring a U.S.

fabrication studio through escrow, with part of the price released only after licences and a lease assignment are complete. Build a source-to-use ledger that begins with the lawful origin of each dollar and ends with the contract, invoice, or irrevocable commitment that put it at risk. The first review should produce a document checklist covering passport and treaty nationality, enterprise ownership, incorporation records, purchase and escrow terms, bank statements, tax or sale records, loan security, premises, vendor invoices, operating plan, and credible staffing or revenue evidence.

Label each transfer with its date, sender, recipient, purpose, and condition. An unsigned forecast or a broker’s summary cannot replace a binding agreement. If financing is used, show what secures the debt; a loan secured by the enterprise’s assets does not count as the investor’s qualifying investment.

Preserve cancellation provisions because they may determine whether money is truly committed. Explain any large deposits, family gifts, asset sales, or account movements with primary records rather than narrative alone. The practical sequence is source, path, commitment, operating proof, then final consistency review.

Cases become vulnerable when the business plan predicts activity that the lease, permits, or purchase agreement does not support. Do not treat documents as decoration; each should answer a particular eligibility question and reconcile with the others.