Abstract

Corporate finance and securities transactions are carried out predominantly by non-natural juristic persons, corporate and sovereign owned entities. Considering that they are not natural persons with legal capacity, a lot depends on their legal status and constituting documents. Whether it is a loan facility transaction, or an equity/debt capital markets offerings or even derivatives transactions entered into by a company, the capacity of a company to enter into that transaction, the authentication of the transactional documents and the service or exchange of relevant transaction documents on a company or between the parties are pivotal to the completion of the transaction, its validity and sustainability and performance afterwards. This Paper Series III will examine the all-encompassing legal and statutory premises for a company’s contract, authentication, and service or exchange of documents.

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