Not by title alone. Assess the genuine ownership or operational control that allows the investor to develop and direct the enterprise.
Read the actual authority behind the description
Treaty enterprise ownership is a separate condition. A translation or summary must not assign powers that the underlying agreement does not grant. Identify who really makes the relevant business decisions.
The enterprise must be an active commercial undertaking producing goods or services for profit, not a passive holding of land or equipment, and it must have the present or future capacity to generate more than a minimal living for the investor and family. Nonmarginality concerns capacity beyond a minimal living for the investor and family or significant economic contribution; projected capacity should generally be realized within five years of normal business activity. What causes difficulty is a structure where somebody else in fact runs the business, whether a hired general manager with full authority and an absentee owner, or an arrangement so heavily managed by the franchisor that the buyer supplies capital and little else. What matters is the commercial activity the company itself conducts — sales, distribution, customer service, product management — together with substantial committed at-risk capital, non-marginality, treaty nationality and at least fifty percent treaty ownership.