The Summary Approval Procedure process is undoubtedly innovative and helpful, but, if incorrectly applied or misunderstood, it will not achieve what the company requires. It is vital that a client receives advice on the requirements of the specific SAP in question. For example, there are timelines that need to be met and certain business benefits that need to be demonstrated. If the necessary statutory requirements are not met, the transaction may not be valid under company law.
It is also important to note that a SAP cannot be performed retrospectively.
In addition to these considerations, various documents and declarations need to be drafted with due knowledge and care.
