Read when the ownership rights actually take effect under the agreement. A future contribution should not be represented as completed.
Separate present rights from a proposed change
Identify conditions, issued interests and current ownership. Review the resulting treaty-nationality percentage and directing authority on the facts that actually exist.
The enterprise must be at least fifty percent owned by nationals of the treaty country, and the investor must additionally develop and direct it, which ordinarily means majority ownership or demonstrated operational control. In an even split neither shareholder holds a majority, so the shareholders' agreement has to allocate operational control clearly: who is the managing member, who signs, who hires, who decides pricing. If the revised plan can no longer support more than a minimal living for the household, discuss whether a significant economic contribution is demonstrable, or whether the territory itself should change before capital becomes irrevocable. Go through every asset on the business's equipment or inventory list and match it to a bill of sale, lease, consignment agreement, or supplier contract that shows who actually holds title and what the investor paid or pledged. The core showing stays the same: treaty citizenship, at least fifty percent treaty ownership, substantial capital genuinely committed and at risk, a real operating enterprise that is not marginal, and your genuine development and direction of it.