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WOOLWICH · EB-5 FIELD GUIDE

How should funds from a multi-generational family business sale be documented?

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THE DIRECT ANSWER

Trace the ownership and any transfers across the relevant period, along with the final sale agreement and the resulting distribution of proceeds among family members, connecting each step to the amount actually being invested.

Document each generational transfer individually

Identify who held what interest at each point in time and obtain the records supporting any transfer between family members, rather than presenting the funds as though they originated from a single, simple transaction. Gifted or borrowed funds require lawful-source evidence and a good-faith arrangement that is not used to circumvent restrictions on permissible capital sources.

Formation documents, the operating or shareholder agreement, share or membership ledgers, the lease or premises contract, licences, bank statements showing capital arriving and being spent, payroll registers, and tax filings once they exist. The will or intestacy declaration, the death certificate, the estate inventory, the notarial or court documents naming beneficiaries and shares, the final estate accounting, the distribution record and the executor's contact details for a statement. Evidence that the proceeds lawfully moved from the corporation to you: a directors’ resolution declaring a dividend or approving a shareholder loan, the corporate bank statement showing the payment, and your personal statement showing receipt.