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After completing due diligence and identifying risks, it’s time to proceed with the transaction and draft the definitive documents. Definitive documents are agreements that must be drafted, negotiated, and executed during the transaction. The type of documents varies by transaction; for instance, a share issuance requires a share subscription agreement or an investment agreement, while a share transfer involves a share purchase agreement. Additionally, parties may choose to enter a separate shareholders agreement, outlining the rights and obligations of the promoter, investor, and the company. It's crucial for the company to be included as a party in these agreements, especially in private companies, as share issuance can be affected.
