Skip to content
OKA · EB-5 FIELD GUIDE

What paperwork should I demand with a capital call notice?

Sources checked:

THE DIRECT ANSWER

The notice itself, the clause authorising it, a revised sources-and-uses budget, the contractor's change orders or overrun explanation, and confirmation of where the money will be held. Ask whether escrow conditions apply to the new tranche and on what terms funds are released.

Written answers, kept in one file

Put every response in writing and keep it, including messages a promoter sends informally. If a government notice or a project document contradicts what you were told, investigate the conflict with counsel rather than repeating either version. Government notices can contain errors too. A dated file of what was represented, when, and by whom is the most useful thing you can build during an overrun.

Where gifts, loans, distributions or asset sales are involved, provide their genuine terms for review rather than a paraphrase. Lawful income history does not by itself trace the particular contribution through later accounts, and a wire confirmation does not by itself explain lawful accumulation. The remedy is to convert each understanding into a record while the people who remember it are available: the written agreement itself, the valuation that set the numbers, the resolution by which the cooperative redeemed the interest, and correspondence with the notary. Present the actual chain in a dated index so an adjudicator can follow every movement of the invested funds.