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Documenting a transaction which has already happened One possible scenario is that the relevant transaction has already happened, but just hasn’t been documented yet.For example, there may have been a transfer of trade from one group company to another on a particular date.These may include registering the transfer of land or intellectual property rights, or obtaining third party consents or releases.Secondly, the transfer may trigger liabilities, such as where the relevant group companies participated in a defined benefit pension scheme.In this situation, it may be possible to create a document after the event which recites what actually happened, and which records the key terms of the transaction.

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There are some cases where this approach is not possible.For example, the selling and buying companies participating in a business transfer may agree between themselves to treat the transaction as if it happened at the previous year end.This could involve putting in place a business transfer agreement now, which is dated when it is actually signed.You will also need to consider two other things from a legal perspective.Firstly, additional formalities may be needed to complete the legal transfer of assets or granting of rights.

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