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CENTRAL YORK · EB-5 FIELD GUIDE

How does a Central York investor evidence borrowed capital?

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THE DIRECT ANSWER

The executed loan agreement and disbursement record, evidence that the investor owned and controlled the cash proceeds, and statements tracing them into the investment. Collateral records may explain the transaction but are not a categorical condition for cash loan proceeds.

The lender's file is not the investor's file

Produce the executed loan agreement, the lender's disbursement record and evidence that the investor owned and controlled the cash proceeds before investing them. Then document the movement with consecutive account statements showing the advance credited, any currency conversion, and the transfer into the enterprise, with no unexplained intervening accounts. If farmland secures the loan, include the mortgage or charge and an appraisal where they help explain the transaction, but do not present investor-owned collateral, personal-and-primary liability or the absence of enterprise collateral as categorical requirements for cash loan proceeds. Where a company rather than the investor is the borrower or recipient, review whether the proceeds ever became capital owned and controlled by the investor before drawdown.

Hypothetical example: a manufacturer of orthopedic braces plans to invest proceeds from a business sale and a loan secured by the investor's personal property. The first review should create a source-and-path ledger: ownership of the property, loan terms, lender disbursement, sale or advance, personal account entries, and the transfer to the new commercial enterprise. The security documents and personal liability terms settle the loan issue; consecutive statements settle the movement of money. Put records in chronological order and reconcile every amount, including tax and closing deductions. The common error is attaching only the first and last bank statement, leaving the middle unexplained. Obtain missing statements before filing, and make sure the business plan and job evidence correspond to the entity that will actually receive the capital.