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APPLICATION ANSWERS · E-2 FIELD GUIDE

How should a pending landlord consent appear in the E-2 preparation file?

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THE DIRECT ANSWER

Show it as pending, with the actual request, relevant agreement and consequences of refusal or delay. Do not describe an expected consent as already granted.

Make the unresolved condition visible

Include the lease provisions, proposed assignment or replacement lease, seller correspondence and any executed consent. Identify which payments are refundable and which obligations survive if occupancy fails. Ensure the business plan uses the same dates and conditions as the legal documents. Review the transaction terms before assuming that a particular payment has the investment treatment desired.

The first review should produce an exhibit index with original document, date, author, proposition proved and translation or explanation needed. Compare names, duties, dates and amounts across the file, because a small inconsistency is easier to correct from a primary record before filing.

Hypothetical example: A aquaculture net-repair entrepreneur finds that an important record uses a different date and name from the summary. The applicant must decide whether the original document or an accurate explanation resolves the difference before filing.

The investment must be irrevocably committed, subject to commercial risk, and devoted to an enterprise that is not marginal; the investor must develop and direct it. Sequence the next step only after the controlling record is available. A rushed filing often fails because an undefined commercial fact, mismatched document or unauthorized activity remains hidden until review. Keep the decision, the record and the resulting action together in the file.