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[HOT] [Q] Can a non-profit act as a new commercial enterprise, or as a borrower company creatings jobs?


In context of a regional center based EB-5 project where a new commercial enterprise engages in making loan(s) to job-creating businesses, while a non-profit cannot act as a new commercial enterprise entity (NCE), as the very definition of NCE precludes non-profits, a NCE can pool money and loan such pooled funds to non-profit which creates jobs. Why, simply because there is no prohibition, and jobs are jobs whether created by a non-profit or a profit entity. For example, a limited partnership can be set up to pool investors' funds and then loan such funds to a non-profit arts organization to construct a museum in a regional center geographic area.