The case should reflect the actual rights and resources being acquired or otherwise genuinely available.
Read the effective terms
A marketing list cannot establish ownership or use rights contradicted by the agreement. Identify any real alternative rather than keeping excluded assets in the plan by assumption.
A well-advised buyer negotiates protections: a deposit recoverable on several conditions, a price partly deferred and paid from the business's own earnings, security taken over the acquired assets. A lease in a personal name affects ownership and control; an unpaid supplier order affects whether capital is genuinely committed; a revenue forecast built on the old premises affects marginality. A first review should create a transaction map showing nationality, ownership, lawful funding source, each contract condition, the money actually committed, and the operating plan. Eligibility turns on treaty nationality by citizenship, at least fifty percent treaty ownership of the U.S. enterprise, substantial capital genuinely at risk, a real operating business, non-marginality, and genuine development and direction by the applicant. The enterprise needs treaty nationality through at least 50% ownership by nationals of that treaty country, and the investor must develop and direct it, ordinarily shown through at least 50% ownership or operational control through a managerial position or other corporate device.