Determining the substance of a transaction?
Common features of transactions whose substance is not readily apparent are:
- The legal title to an asset may be separated from the principal benefits and risks associated with the asset
- A transaction may be linked with other transactions which means that the commercial effect of the individual transaction cannot be understood without an understanding of all of the transactions
- Options may be included in a transaction where the terms of the option make it highly likely that the option will be exercised.
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