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SENNEVILLE · FUNDS AND COMMITMENTS

Tracing treaty nationality through a new holding company

USAvisa field guide · 3 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

Forming a holding company to make the purchase adds a layer the review has to see through. Treaty nationality is traced to individuals through ownership, so the chain has to be written out with exact legal names and dated documents. Describe what has already been signed and paid, and what still depends on an agreement that has not closed. Hypothetical example: a producer of adjustable neonatal-incubator humidity modules signs an asset purchase through a holding company, then learns that a co-owner wants a veto over borrowing and sale decisions. The investor must decide whether the ownership and control documents still establish the claimed treaty nationality before releasing the next payment. A first review produces a dated ownership chart, a source-to-use ledger and a schedule separating deposits, binding obligations and refundable amounts. The share register, governing agreement and signed purchase documents settle the ownership point; a pitch deck does not. Sequence the transaction documents before the immigration filing so later changes do not silently contradict the represented enterprise.

01

Write the ownership chain with exact legal names

Record each entity as it is actually registered: full legal name, jurisdiction, formation date and share classes, with each holder shown as a percentage on a date. Where a holding company is newly formed, its place of incorporation does not supply a nationality; the enterprise's qualifying nationality is assessed through the individuals who own it. Check that the buyer named in the purchase agreement is the same legal entity that appears in the ownership chain, spelling and suffix included. Confirm the buyer, account holder and enterprise names character by character across the purchase documents, wire records and ownership chart.

02

Test ownership against control

Hypothetical example: an investor forms a holding company to acquire an operating business, allocates part of the shares to a relative with a different citizenship, and places another part in a trust. Collect the share register, subscription agreements, the trust instrument, and any voting, nominee or shareholder agreement. Ownership and control are assessed on the facts of the particular arrangement, so describe the arrangement rather than reducing it to a percentage. Flag anything that is still in draft. If an agreement is unsigned or subject to approval, label it as proposed and retain the version history rather than presenting it as completed.

03

Follow the funds and read the conditions

Build a dated path from the lawful source of the funds to the account that will receive them, passing through the holding company if that is the route. Keep proposed, committed and completed payments distinct. A visa-contingent escrow can qualify, but its terms are reviewed and not every refundable deposit does. The investment must still be substantial in relation to a real operating enterprise that is not marginal, and the investor must develop and direct it. No universal figure substitutes for that analysis. Build the source-and-path ledger before transfers begin, with statements, dates and counterparties, so later records can be tested against the original plan.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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