Kami

Hi,
I am preparing for E-2 visa but I have several questions that I will
be grateful if any attorney would advice on any question at below.
I want to start a new business instead of purchasing an existing one.
I am in my treaty country and out of the United States and have an
attorney in the U.S who take care.

My attorney is going to file an E-2 Visa application for me in INS and
as you know it is necessary for E-2 visa applicants to make the
investment before filing the visa application or should show his
commitment to invest (I mean promising to invest) through putting
the fund in an Escrow account or "a Client's Trust Account" of an
attorney.

Since I have decided to start a new business instead of purchasing an
existing business so my attorney is registering a new corporation for
me and then he is going to open a Client Trust Account and then I
should transfer the fund to that account through bank transfer (Wire
Transfer).
Questions about the TRUST ACCOUNT (IOLTA):

1- : How can I be insured and protect my fund against any
embezzlement of the trust fund?

I should notice that my attorney is a well known and reliable one . I
have no problem with him and generaly I want only to make more
insurance and prevent any virtual problem.

2- : Is "the Client Trust Account" the only choice to transfer the
fund and secure it for E-2 visa? (According to my own research , it is
the only choice for me) .

3- : I think my attorney and me should write a "Trust Agreement" and
explain the terms of the trust before transfering the fund and it
should be original and in two copies (One for the lawyer and the other
for me).
I should be "Grantor" and the attorney should be "Trustee" and my
corporation or myself (Which one should be?) should be "Beneficiary".

Both copies should be signed by the attorney and should be sent to me
by a courier and I should sign both copies and keep one and send the
second back to my attorney .

4- : Is it enough and the trust agreement will be legaly valid?

5- : Is it necessary that the attorney's signing should be certifiied
by a notary public or not?

6- : Should the agreement be sealed by his office (the Legal
Corporation of him) beyond the signing or signing by the attorney is
sufficient.

7- : Should the "trust Agreement" be filed in any official or public
department like State Bar or notary public to be valid?

8- : What other points about the "Client Trust Account (IOLTA)"
should be considered by me for example: name of the account or any
other consideration?.

Thanks for your advice.
Kami.
e-mail:

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