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NIAGARA-ON-THE-LAKE · E-2 FIELD GUIDE

What should explain mixed collateral?

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THE DIRECT ANSWER

Provide the actual debt and security agreements and accurate payment evidence. Mixed arrangements need their real terms assessed.

Avoid summarizing away the issue

A description such as seller financed may conceal the specific fact that determines treatment.

Bank statements tracing the closing funds from the buyer's savings or a personally secured loan, the executed purchase agreement, proof of payment to the seller, and the corporate records showing the shares issued to the buyer. An unbroken documentary path from the lawful origin of the money to the enterprise: statements for each account the funds passed through, evidence of how the money was earned or realized, and the closing documents showing it reached the seller. Build a dated review file around bank statements, transfer trail, signed purchase terms, escrow conditions, invoices, ownership agreements, and operating projections. The licence grants rights to the seller on stated terms; the assignment or consent moves them to the buyer; the purchase agreement warrants that the move is effective; the disclosure schedule qualifies that warranty. The set to assemble is formation documents for each entity in the chain, share registers and certificates, executed transfer agreements, the shareholders' agreement, board minutes recording appointments, citizenship evidence for the individuals at the top, and any convertible instruments or option grants.