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APPLICATION ANSWERS · E-2 FIELD GUIDE

Which documents prove ownership and control for a Thunder Bay E-2 applicant?

Sources checked:

THE DIRECT ANSWER

The share register and certificates establish ownership, and the shareholders agreement, articles, board minutes and any management contract establish control. Corporate records prove the structure far better than a description of it, and inconsistencies between them are the most common cause of further questions.

The paperwork behind the deal is read as one document

An application usually presents the purchase agreement and the share certificate, then describes the applicant as the person who runs the business. An officer reading the whole file will also see the articles, any unanimous shareholders agreement, the appointment of officers and directors, the signing authority registered with the bank, and any consulting agreement with the departing founder. Every one of those either supports the claim or quietly contradicts it.

Assemble them together and read them as a set before filing. Where a term does contradict the claim, it is better to amend the agreement than to explain it, and where an amendment is not achievable, the application should confront the point directly with evidence of operational control in practice: who signs cheques, who hires crew, who holds the vessel operating certificates and who deals with customers.