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2016 OAS Guidelines

Subsection 4.2

The supporting documents or data required may also relate to obligations or provisions, net current assets, net assets, and intangible assets.

In certain circumstances, it may be normal for a company to have negative net assets, for example, when a parent company creates a subsidiary dedicated to research and development, and the latter's liabilities are financed by a loan from the parent company or a financial institution. In such cases, negative net assets do not necessarily indicate a company's inability to pay its legal debts. However, customs authorities may require additional evidence, such as a commitment from the lender, reference to the use of a parent company guarantee or a bank letter of credit to meet the requirement, or, if you are the sole owner of the business or if it is a partnership, a list of all personal assets used to contribute to the business's solvency.

Note: In order to determine your financial solvency, the customs authority may require you to submit your updated annual accounts. During the audit visit, it may be necessary to review a copy of your annual accounts for the last three fiscal years. The customs authority may also request the most recent management accounting records in order to determine your current financial situation.