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In this situation, it may be possible to put in place an agreement now, with a historic ‘effective date’.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.

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.The document should be dated when it is actually signed, but it can refer to the historic effective date of the transaction.The transaction should be ratified by minutes or resolutions of the participating entities.These two general areas mean that some legal due diligence should be carried out to identify and address areas for corrective action.Documenting a transaction which has not yet happened In other cases, it may not be possible to say that the relevant transaction has already taken place – but you may still want to achieve a ‘backdated’ effect.

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