Source of Funds - Shareholder Equity Loan

Published on 02/18/2016

Hello, I’m Vaughan de Kirby. And again today we’re gonna talk about source of funds. Many of our clients, they acquire the funds they’re going to use in EB-5 by starting and operating their own or relatively small businesses. They have stock in these businesses and they want to get an equity loan based on this stock. Now again we’re going to give you a list of some of the documents that we believe are necessary and USCIS believes are necessary. But again remember USCIS is going to want to know how you acquired the funds originally to either start this company or acquire the stock originally, so remember that’s something you’re going to be meeting and discussing with your investment immigration attorney, but let’s go over the list now.

For a shareholder equity loan, no. 1 you’re going to need the company’s business license to establish that this is a legitimate company. Again to legitimize the company, we’re going to want the company’s tax registration certificate. The Articles of Association, or Articles of Incorporation. The company’s financial reports for the last five years. Remember you must show this company has sufficient assets to make this loan to you, and the finical reports are absolutely necessary. The company’s registration change records, if this applies to your case. A resolution of the shareholders, a meeting that authorizes the issue to you of the particular loan. A loan contract signed between you and the company, as the investor. A bank transaction receipt showing the loan was wired to you, as the investor’s account from the company’s account. And then we’ll need you, as the investor, your bank statement evidencing receipt of the loan proceeds.

As in all source of funds, this is complex. This is something you’re gonna want to discuss in detail with your investment immigration attorney. But maybe you’re ahead of the game, because you understand how you might be able to prove this particular source of funds. I hope this was helpful.

Please feel free to contact us or call 415-221-3500 if you have any questions.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney


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