曼省商业移民履约协议(保证金协议) MPNP Business Deposit Agreement


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被 MPNP 曼省商业移民提名的申请人移民前需要支付10万加币的保证金,保证金将在登陆加拿大2年并满足《保证金协议》要求后无息退还给申请人。下面是2016年11月最新曼省商业移民履约协议内容。

里面的 MDC 指的是 Manitoba Development Corporation (MDC) ,曼尼托巴发展公司,或马尼托巴发展公司。

飞出国:deposit_agreement_mpnpb-20161116-flyabroad.pdf (160.9 KB)。

Provincial Nominee Program for Business

Full text of the Deposit Agreement - flyabroad

  • The Government of Manitoba (Manitoba) and the Government of Canada (Canada) share responsibilities regarding business people immigrating to Canada through the Manitoba Provincial Nominee Program for Business Immigration (“the Program”)
  • Manitoba, specifically the Department of Education and Training administers the Program in the Province of Manitoba
  • The Manitoba Development Corporation, as authorized agent of the Government of Manitoba, provides financial administration services to the Program
  • The Program offers individuals, who wish to immigrate to the Province of Manitoba, the opportunity to be nominated by Manitoba, and potentially receive a permanent resident visa for themselves and their dependents
  • The Nominee’s application to the Program (the “Application”) has been approved, and a Certificate of Nomination will be submitted to Canada on their behalf, subject to the Nominee entering into this Deposit Agreement and in reliance on the commitments of the Nominee set out in this Deposit Agreement and the Application

The parties, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows:

The following words and phrases shall have the meanings set out below:

  • Business Establishment Period” means the period which begins the date of Landing in Canada and continues for two (2) years unless extended beyond this initially agreed date;
  • “Certificate of Nomination” means the certificate Manitoba issues to Canada, which indicates that Manitoba has nominated the Nominee for Permanent Resident status under the terms and conditions of the Program;
  • “Department” means Manitoba Education and Training;
  • “Deposit” means the payment to be held by MDC which is conditionally refundable on the conditions set out in this Deposit Agreement;
  • “Investment” means the spending of capital from a Nominee’s own resources in an enterprise in Manitoba with the expectation of profit;
  • “Landed Immigrant” means a foreign national who has applied for and been granted a Permanent Resident Visa to live in Canada, effective on the date an Immigration Officer at a Canadian port of entry has confirmed entry;
  • “Landing” means the first day of arrival in Canada after obtaining a Permanent Resident Visa or, day of obtaining a Permanent Resident Visa if already in Canada; and
  • “Tangible Assets” means items such as motor vehicles, furniture, office equipment, computers, fixtures and fittings, machinery, and inventory, etc- The purchase of real estate is not considered a tangible asset unless it is essential to the business. If deemed eligible, the value of the investment will be the lesser of the total purchase price of the real estate or $75,000

The issuance of the Certificate of Nomination is subject to:

  • the execution and delivery of this Deposit Agreement;
  • the payment to MDC of a Deposit in the amount of One Hundred Thousand Dollars, in Canadian funds $100,000.00 CAD;
  • the payment of required fees; and
  • the delivery of other specified documents by the Nominee-

MDC shall hold the Deposit and apply the same in accordance with the terms of this Deposit Agreement- No interest will be paid on the Deposit.

The Nominee flyabroad shall:

  • immigrate to the Province of Manitoba (the “Province”);
  • notify Program staff, within 30 days of Landing, of his or her address and telephone number in the Province, by communicating that information in person, regularly advise the Program of any changes to this information and, thereafter submit semi-annual reports to the Department until the business is established, in order for the Department to be updated about the Nominee’s situation;
  • establish/purchase a __________________ business (the “Business”) in the Province within two years of Landing;
  • financially support the Business flyabroad ;
  • make an Investment of not less than _____________ dollars in Canadian funds in establishing/purchasing the Business;
  • hold a managerial position in the Business and attend at the Business premises on a regular basis to provide ongoing day-to-day management and direction and be ongoing and active as a descriptor for the business;
  • comply with all Federal, Provincial and Municipal statutes, regulations and bylaws in establishing/purchasing and maintaining the Business, including obtaining the necessary licenses and permits from Federal, Provincial or Municipal authorities;
  • seek and obtain appropriate independent professional advice as to establishing/purchasing and maintaining the Business;
  • keep the Department regularly informed as to the status of the Business, and provide the Department with reasonable access to information concerning the Business for the purpose of verifying the business investment;
  • permit the Department to review and audit the financial and accounting records of the Business and to inspect the premises of the Business from time to time; and
  • without limiting the generality of the foregoing, the eligibility requirements for the Business are listed at Schedule “B” to this Deposit Agreement

It is the responsibility of the Nominee to provide the Department with sufficient documentation to verify that the Nominee has satisfied the obligations imposed by this Deposit Agreement- The Department reserves the right to request additional supporting documentation to satisfy itself that the Nominee has satisfied the obligations imposed by this Deposit Agreement- Without limiting the generality of the foregoing, examples of documentation that the Department would expect to receive or to be granted access to are listed at Schedule “A” to this Deposit Agreement.

In the event that the Nominee wishes to establish/purchase and maintain a business other than that described in this Deposit Agreement, the Nominee may make a written request to the Department describing the alternate business- The Department will consider the proposal on the basis of the same criteria applied in assessing the Nominee’s original Application- The Department is under no obligation to consent to the amendment of this Deposit Agreement to accommodate the alternate business and Manitoba will remain entitled to retain the Deposit in the event that the Nominee fails to establish/purchase the business as described within the Business Establishment Period.

In the event that the Nominee is unable to establish/purchase a business as described, during the Business Establishment Period, the Nominee may make a written request to the Department for an extension of time. Such a request must be made at least 30 days prior to the expiration of the Business Establishment Period, with the proof of the Nominee’s effort in the past two years towards establishing the business, as well as a plan to complete the business investment in the near future. The Department shall consider the request, but is not obliged to grant any extension.

In the event that a business is not established/purchased during the Business Establishment Period, or such extension of that period as the Department may permit in writing, the Department shall be entitled to retain the full amount of the Deposit.

The Nominee acknowledges flyabroad :

  • The Department is relying upon the information contained in the Application, and in this Deposit Agreement in issuing the Certificate of Nomination;
  • the provision of false or misleading information shall result in the revocation of the Certificate of Nomination;
  • the offering of a Certificate of Nomination by the Department does not constitute any promise or assurance of ability to obtain any licenses and permits necessary to establish and maintain the Business;
  • information offered by the Department has been offered for the purposes of information only and not as advice;
  • the offering of a Certificate of Nomination by the Department does not constitute any endorsement or sanction of the merits, feasibility, and investment potential or commercial viability of the Business; and
  • the issuance of a Certificate of Nomination is just one of a number of requirements for immigration to Canada and that the final decision regarding admission to Canada for permanent residence will be made by the Government of Canada.

Upon being reasonably satisfied that the Nominee has established a business as described during the Business Establishment Period, or such extension of that period as the Department may permit in writing, the Deposit shall be refunded (without interest) to the Nominee.

In the event that the Nominee is not granted a Permanent Resident Visa by Canada, the Deposit (without interest) will be refunded to the Nominee.

This Deposit Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein- The parties to this Deposit Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Manitoba and all courts competent to hear appeals there from.

The Nominee shall not assign or transfer this Deposit Agreement or any of the rights or obligations under this Deposit Agreement without first obtaining written permission from the Department.

Time shall be of the essence of this Deposit Agreement

All amendments to this Deposit Agreement must be reduced to writing and signed by the Nominee and on behalf of MDC by its duly authorized representatives.

Acceptance of Facsimile and Scanned Signatures:

The parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission or delivered by scanned image (e.g. pdf, or .tff file extension name) as an attachment to electronic mail (email). Such facsimile or scanned signature must be treated in all respects as having the same effect as an original signature.

SCHEDULE “A” flyabroad

Supporting Documentation

Establish a Business

  • Business Licenses
  • Business Name Registration
  • Articles of Incorporation (if applicable)
  • Partnership Agreement (if applicable)
  • Occupancy Permit
  • RST Registration
  • Health Permit (if applicable)
  • Proof of operational status including sustained, recurring acts of trade undertaken by the new or existing business
  • Personal and corporate business information required to document the source and utilization of personal funds invested in the new or existing business
  • Proof of domicile in Manitoba, Canada for the Principal Applicant
  • Breakdown of eligible investments i.e- tangible assets, leasehold improvements and start-up costs, other contributions in kind, as applicable

Purchase/Investment in a Business

All of the above plus:

  • Offer to Purchase (complete and fully executed by both parties)
  • Lease Agreement/Lease Assignment (if applicable)
  • Election Concerning the Acquisition of a Business or Part of Business
  • Share Registration Certificate (if applicable)
  • Proof of active and ongoing role in the day-to-day management of the business in Manitoba, Canada

SCHEDULE “B” flyabroad

Eligible Business Investments

Business Investments will not be eligible if they do not meet the program’s requirements for investment and business activities.

Investment

  • The Investment from the Nominee’s personal funds should be no less than the investment amount committed by the nominee in Tangible Assets in Manitoba, unless the Investment includes a portion of working capital that is in conformity with the industry’s capital investment structure defined by statistics from Industry Canada, and the total investment including working capital is no less than the investment amount committed by the nominee.
  • If an Investment is into an existing business, the Nominee must control at least 33.33% of the equity, or make a minimum $1 million equity investment in the business- In addition, a redemption option should not be included in the terms of investment.
  • Investment into personal items such as the principal residence and motor vehicles for personal use will not be counted as part of business investment.
  • Investments into a business operated primarily for the purposes of deriving passive investment income are not eligible.

Business activities flyabroad

  • A business entity should have ongoing and recurring business activities in Manitoba.
  • The Nominee is required to actively participate in the management of the business on an ongoing basis from within Manitoba.
  • The business must be legal and viable in Manitoba’s economic environment, and the applicant should have necessary resources and skills to operate such a business.
  • The Program requires the Nominee to conduct value-added business activities in Manitoba- Purely speculative activities do not qualify under the Program.

曼省省提名商业移民介绍(MPNP-B Manitoba Provincial Nominee Program for Business)