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APPLICATION ANSWERS · E-2 FIELD GUIDE

Is 50% ownership enough when my partner has a veto for a Guelph applicant?

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THE DIRECT ANSWER

Ownership can be important, but the full arrangement must establish the applicant’s ability to develop and direct the enterprise. Examine the actual voting, management and veto provisions and how they operate together. Do not assume that either a fifty-fifty split always qualifies or every protective veto automatically defeats control.

Read the decisions reserved to each person

Distinguish routine management from decisions requiring joint consent, such as borrowing or selling the business. Explain the applicant’s real role and any deadlock mechanism. Commercial counsel and immigration counsel should assess the signed arrangement, not a simplified ownership description that omits consequential rights.

A disciplined review separates nationality, ownership, money, control and business viability. It should leave the investor with an ownership trace, a funds trail, a commitment chart and a realistic operations list. Passports and entity records settle nationality and ownership; contracts and bank evidence settle the commitment; the business plan tests whether the venture rises above a marginal enterprise. Begin with the signed deal terms because an optimistic forecast cannot correct a structure that leaves the investor without control. Hypothetical example: An indoor-climbing-wall inspection firm is being acquired by a Canadian engineer and a US partner. The engineer’s funds and expertise are helpful, but voting rights and buyout provisions decide whether she can direct the business. She should resolve those clauses before funds become nonrefundable.

Use a written checkpoint for ownership control, treaty nationality and contractual management rights. Name the original record, the person responsible for obtaining it, and the date by which any contradiction must be resolved. This lets the applicant make a practical decision from verified facts instead of relying on a convenient assumption. If the answer changes the structure or schedule, revise the plan before the next immigration step.