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FOR ENTREPRENEURS · MUNICIPALITY OF THE COUNTY OF VICTORIAMunicipality of the County of Victoria

Your ambition.Your enterprise.

Hypothetical example: Anselm owns a small inn in Victoria County and has agreed to buy a twenty-two room lodge with a restaurant in northern New England. Roughly four-fifths of the price is the land and the building, with the remainder covering furnishings, kitchen equipment, the liquor licence and goodwill. His lawyer has asked whether an application will be read as buying property rather than buying a business, since holding real estate for its own sake is exactly the sort of passive arrangement this category excludes. The answer depends on facts he can still shape, and most of them have to be settled before the purchase agreement is executed.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Whether a purchase price that is mostly a building still buys a real and operating enterprise

Start with the E-2 eligibility and application overview

01

Nationality and control come first, because they cannot be repaired afterwards

The category is available to a national of a treaty country, which Canada is, investing in an enterprise that is at least fifty percent owned by nationals of that same country, and the investor must be coming to develop and direct it. Where Anselm buys through a company he alone owns, both conditions are answered and nothing further needs arranging. Where an American friend takes a minority stake to help with financing, the arithmetic of who holds what becomes decisive, and an agreement signed at one split then amended once somebody reads the rules looks constructed for the application rather than for the business. Settle the shareholding, the voting rights and who appoints the manager before the lawyers draft anything.

02

Buying a building that houses a working hotel is not passive investment

The distinction that matters is between property bought to be held and property bought as the premises of an active commercial undertaking. Undeveloped land, or a building acquired to let and to appreciate, is passive and does not qualify however large the sum. A functioning lodge with bookings on the system, staff on payroll, a kitchen serving meals and a licence in use is a real and operating enterprise, and the fact that its value is concentrated in the structure changes nothing. What can spoil this is Anselm's own plan. If he intends to close the restaurant, put the rooms on a booking platform and manage them remotely, the enterprise he is actually acquiring drifts back towards the passive side of the line.

03

Committed and at risk means recoverable only if the lodge succeeds

Funds resting in a Nova Scotia account are not committed, and money he could withdraw at will is not at risk. The customary structure is a signed agreement with the price held in escrow, released to the seller on approval and returned on refusal, so that the commitment is genuine without being forfeited to a decision nobody controls. Each dollar needs a documented path from its origin, whether retained earnings from the Victoria County inn, personal savings, or a mortgage secured against assets he already owns. Borrowing secured by the lodge's own land and building is a different matter, since that capital is not placed at his personal risk and is not counted towards the investment. Substantiality is measured proportionally against what acquiring a hotel of this size actually costs, and there is no fixed minimum.

04

Marginality, a resident manager, and what this route does not lead to

An enterprise that will do no more than provide a living for the investor and his family may be found marginal. A twenty-two room property with housekeepers, front-desk staff and a kitchen brigade is rarely in that position, and the proof already exists in the seller's payroll registers, employee lists and several years of financial statements, which should be obtained before closing rather than replaced afterwards by projections. Developing and directing does not mean doing everything personally; Anselm may employ a general manager provided he holds the controlling interest and directs the enterprise. Finally, this route confers no direct path to permanent residence, and a family intending to settle permanently should take separate advice from a licensed U.S. immigration attorney rather than assume one thing leads to the other.

PUT THE DETAILS TO WORK

Guides for your next decision.

E-2 · MUNICIPALITY OF THE COUNTY OF VICTORIA

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