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VAUDREUIL-SUR-LE-LAC · EB-5 FIELD GUIDE

What should support a proposed trust distribution used for EB-5?

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THE DIRECT ANSWER

Provide the relevant trust terms, authority for the distribution, actual transaction evidence and appropriate lawful-source and path records. Identify what has been authorized and what remains proposed.

Connect legal authority to the movement of funds

A trustee’s letter should not be described as granting rights it does not grant. Explain the real recipient and investment path without inventing a mandatory personal-account detour for every possible arrangement. Assets placed in a trust do not lose their own history, so lawful-source evidence still needs to reach back to how the settlor originally acquired those assets before they were placed into the trust, not only to the trust's internal accounting.

Confirm the trustee's authority to make a particular distribution comes from the trust instrument itself, such as a distribution or discretionary-power provision, rather than from a separate letter describing an intended payment that the instrument may not actually authorize. Where the distribution has only been authorized but not yet completed as of filing, say so plainly rather than describing a proposed transfer as though the funds had already moved, and update the record once the transfer actually occurs. Bank or brokerage records showing the distribution leaving the trust's account and arriving in the investor's own account complete the path that the trust instrument and the trustee's authorization only begin.