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SUNBURY-YORK SOUTH · EB-5 FIELD GUIDE

The farm was owned by our company, not by me personally. What extra documents does a Sunbury-York South investor need for EB-5?

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THE DIRECT ANSWER

Evidence that the proceeds lawfully moved from the corporation to you: a directors’ resolution declaring a dividend or approving a shareholder loan, the corporate bank statement showing the payment, and your personal statement showing receipt. Corporate tax returns for the relevant years support the lawfulness of the corporation’s own funds.

Add one link to the chain for every entity the money passes through

When a corporation sells the land, the corporation is the seller, and its money is not the investor’s until it is distributed. The file should therefore contain the corporation’s articles and share register proving the investor’s ownership, the sale agreement and trust ledger showing the corporation received the price, a resolution authorizing a dividend, capital return or loan to the investor, the T5 slip or loan agreement, and the bank statements on both sides showing the transfer. Include corporate tax returns for the years the land was held and sold, and the personal return reporting the dividend.

If other family members are shareholders, explain why the investor alone received the amount invested, or document their gifts. Where a farm partnership rather than a corporation held the land, the partnership agreement and the partners’ capital accounts play the same role. A professional accountant’s summary letter tying the documents together is useful, but the underlying records must all be attached, and any French-language records must carry complete certified English translations.