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After completing due diligence and identifying ways to mitigate risks, the next step is to draft the definitive documents for the transaction. Definitive documents are formal agreements that are negotiated and executed as part of the transaction. The type of documents varies by transaction; for a share issuance, one would draft a share subscription or investment agreement, while a share transfer requires a share purchase agreement. Additionally, parties may establish a separate shareholders agreement to outline the rights and obligations of the promoter, investor, and company. It is crucial to include the company as a party to these agreements, especially in private companies, as share issuance involves the company directly.
