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APPLICATION ANSWERS · E-2 FIELD GUIDE

How should an unresolved decision-sharing agreement appear in the E-2 preparation record?

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THE DIRECT ANSWER

Mark the terms as proposed and identify the open decisions. Do not describe a draft governance arrangement as a binding allocation of authority.

Separate agreement in principle from operative rights

Preserve drafts, executed documents and their effective dates. Identify who can explain the planned operating roles and any reserved decisions. A share certificate can establish an interest without explaining all governance terms. Review the unresolved issue before relying on a claim that the applicant will develop and direct the business, rather than selecting favorable sentences from inconsistent drafts.

The useful file is a chronology, not a pile of selected papers: identify the author, date, purpose, and point each record actually establishes. Trace lawful funds into an irrevocable, at-risk commercial commitment, then test whether the real enterprise is nonmarginal and the applicant will develop and direct it. A bank balance or a future intention does not settle those questions. Hypothetical example: a mobile bicycle-repair business signs a lease, but its shareholder agreement leaves the operator’s authority unresolved.

A missing primary record should be obtained or candidly explained before the file is used.