Include terms that affect the ownership, funding or operation being assessed. A side agreement can change the meaning of the main document even if it has a different title.
Present one complete transaction picture
Tell the reviewer which documents work together and whether any are still drafts. Ask the commercial adviser to explain inconsistent terms. Omitting a restriction because it complicates the case would make the account less accurate.
Include every side letter that changes ownership, repayment, voting, management, collateral, or exit rights, even if advisers call it informal. Index the principal agreement, amendments, payments, bank trail, invoices, citizenship, capitalization, and operating plan. E-2 requires Canadian citizenship rather than Canadian permanent residence for this investor, treaty nationality of the enterprise through at least 50% treaty-national ownership, and development and direction through half ownership or operational control. Capital must be irrevocably committed and at risk, with substantiality judged proportionally rather than by a universal minimum. The typical mistake is presenting the clean main agreement while withholding a side term that reverses its practical effect.
Hypothetical example: A London specialty-bakery owner agrees to buy 50% of a new American pastry business. A side letter lets the other partner repurchase the shares immediately and approve every expenditure. The applicant gives both documents to the immigration and transaction advisers, traces deposits and equipment orders, and revises the business plan to match enforceable rights. Because a startup may qualify if it will become real and active, the file uses leases, vendor commitments, and supported opening steps without falsely claiming that ovens are already producing.