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FOR ENTREPRENEURS · LÉRYLéry

Your ambition.Your enterprise.

A completed sale that pays out over several installments raises a practical E-2 question for readers in Léry: which money is already realized and available to commit, and which remains a future receivable. This overview explains how to document each payment, how commitment timing can be structured, and what the household should plan around. Two questions run through the whole file and are worth answering before a single document is gathered: how much has actually landed in an account the investor controls, and what that money has already been spent on. Everything else in the funding story supports those two answers.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Documenting installment sale proceeds and timing an E-2 capital commitment around realized funds

Start with the E-2 eligibility and application overview

01

Separate realized proceeds from future receivables

Build a simple ledger of the sale: total price, amounts already received, dates, and the schedule of remaining payments. Support it with the purchase agreement, closing statement, promissory note or installment schedule, escrow releases, and the bank credits matching each deposit. A signed agreement showing a large headline price does not show money in hand. Reviewers look for realized funds the investor can actually commit to the United States enterprise. Where the sale involved a business rather than a single asset, the ledger should also show what was sold: shares, assets, goodwill, a client list, equipment. That characterization decides which documents exist and how the proceeds were taxed. Hypothetical example: an environmental drilling business is sold as an asset sale with the rigs valued separately, so the closing statement itemizes equipment the buyer pays for over eighteen months while the goodwill was settled at closing.

02

Trace source and path for every installment

Each payment needs a lawful original source and a traceable path, not just a healthy balance on a statement date. Show what was sold, how the investor came to own it, the buyer's payments, tax filings or accountant records reflecting the sale, and each transfer between accounts and across the border. Where an installment funded another asset first, document that step too, so the money reaching the business is continuously identifiable. Where an account has been closed or a bank has merged, request certified historical statements early, since institutions often take weeks and sometimes cannot reach back as far as the file needs. Keep each currency conversion visible with its rate and date, so a reviewer comparing a Canadian-dollar receipt with a United States dollar expenditure does not have to reconstruct it. A gap that is named and explained is far easier to address than one discovered late.

03

Decide what is genuinely committed and at risk

Substantiality is judged against the cost of the particular United States enterprise; there is no universal minimum figure and no ten-job rule. Funds must be genuinely committed and exposed to commercial loss, so deposits, escrow terms, refund rights and revocation clauses require fact-specific review rather than a blanket assumption. Borrowed money is not automatically disqualified; what the loan is secured by matters. Ask counsel to assess the actual instruments. Read the note itself before assuming the balance is safe: whether it is secured, against what, what happens on default, and whether the buyer may prepay or set off. Those terms decide how much weight the remaining payments can carry in planning. Where part of the price sits in escrow against warranty claims, treat it as contingent rather than realized until the release conditions are met and documented.

04

Set the enterprise timetable around receipts

Prelaunch spending can count when the commitments are credible: a signed lease, equipment orders, licensing steps, inventory contracts, hiring plans. First sales are not universally required before an application. Map which installment funds which commitment, and keep receipts, invoices and transfer confirmations as they occur. The business plan should also show capacity, present or projected, to produce more than a minimal living for the family, or a significant economic contribution. Write the timetable as a two-column table: on the left, the date each installment is contractually due; on the right, the commitment it is meant to fund and the deadline that commitment carries. The table shows at once where a late payment would leave the plan exposed, and it is the document to revisit whenever a payment slips. Keep a written note of what would be done if a payment did not arrive at all.

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