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Due diligence is the process of ensuring that everyone is informed about any potential transaction. That way, they can examine the risks and advantages of pursuing an agreement. Due diligence can avoid unexpected surprises that may derail the deal or lead to legal issues after the deal closes.
Companies usually conduct due diligence prior purchasing the company or merging it with another. The process typically consists of two major components that are financial due diligence and legal due diligence.
Financial due diligence is the process of analyzing the company’s assets and its liabilities. It also examines a company’s accounting practices and financial history as well as compliance with the law. During due diligence, many companies will ask for audits or copies of financial statements. Due diligence also includes supplier concentration as well as the assessment of human rights impact.
Legal due diligence concentrates on a company’s policies and procedures. This includes a review of the company’s legal status in compliance with the law and regulations, as well as any legal disputes or liabilities.
Depending on the kind of acquisition due diligence can run up to 90 days or more. During this period, both sides often agree to an exclusivity period. This prevents the seller from soliciting others buyers or from continuing negotiations. This can be beneficial for a seller however, it could backfire in the event that due diligence is not done correctly.
It is important to keep in mind that due diligence isn’t an event, but a process. It is a process that requires time and shouldn’t be undertaken in a hurry. It is crucial to keep communication open and, if it is possible to meet or exceed deadlines. It is essential to know why a deadline was missed and what you can do to resolve the issue.
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