Not necessarily. Determine the rights that pass under the sale and lease documents, and whether any required consent or new agreement remains outstanding.
Identify what the investor can operate
Describe the location’s role in the business and the buyer’s actual rights after closing. A business name, inventory purchase or seller promise does not by itself establish occupancy. Separately assess treaty nationality, substantial committed at-risk investment, development and direction, and a real nonmarginal enterprise. The lease question is part of the operating evidence, not a substitute for those requirements.
The first review should produce an eligibility matrix stating each claimed fact, the controlling record, the person who can confirm it and any contrary fact. It distinguishes a missing document from a business fact that must change or a category mismatch that wording cannot repair.
Hypothetical example: A mobile veterinary-imaging operator is asked to proceed when a key fact appears only in a job title. The applicant must decide whether primary records establish the actual criterion before relying on the description.
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.