Skip to content
APPLICATION ANSWERS · E-2 FIELD GUIDE

Can we begin operating before the franchisor finishes approving the transfer in Sarnia?

Sources checked:

THE DIRECT ANSWER

Assess the commercial rights and immigration authorization separately before operating. Neither the seller’s preferred date nor an immigration filing supplies missing franchise permission.

Identify the conditions for lawful operation

Record when the buyer obtains possession, brand rights, required approvals and any necessary work authorization. Ask the appropriate advisers what activities can occur during the transition. Do not describe training completion or transfer consent as accomplished while pending. Keep a contingency if commercial and immigration steps finish on different dates.

Hypothetical example: A treaty-national purchaser of a specialty laundromat receives landlord consent after the seller's target closing date has already passed. Create a commercial timeline for lease consent, escrow, asset transfer, insurance, staffing, and any immigration step. The first review should identify what is signed, what remains conditional, and when capital becomes committed on irrevocable terms and exposed to loss under the deal's actual terms. Do not announce an operating start while the enterprise is still awaiting a controlling approval. Sequence visa planning around accurate closing conditions and keep a contingency for an extension, refusal, or amended purchase agreement. A frequent mistake is describing the business as operational because a deposit was made, or treating a landlord's informal statement as the final right to occupy the premises.

Retain written proof of each consent and release as it occurs. An informal commercial assurance is not a substitute for the agreement that gives the buyer enforceable operating rights.