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Legal due diligence is the process of collecting and assessing all of the legal documents and information relating to the target company. It gives both the buyer and seller the chance to scrutinize any legal risks, such as lawsuits or intellectual property details, before closing the deal.
The due diligence process helps stakeholders understand the synergies and potential scalability of the businesses after the merger/acquisition. During the process, all internal and external factors that create risk in the acquisition are identified and focus is driven towards key factors that drive profitability.
Due diligence involves taking reasonable steps to make sure that you are not making risky or poor decisions, paying too much or breaking any regulations or rules. When purchasing a business, you are responsible for assessing the business thoroughly to confirm that it is as ethical, compliant and profitable as claimed.
A legal due diligence report typically includes the following information: Company structure and governance. ... Contracts and agreements. ... Litigation history. ... Intellectual Property. ... Compliance documents. ... Real estate and land use. ... Data privacy and security. ... Taxation.
The primary objective of due diligence in mergers and acquisitions is to validate and verify the seller's critical information, including financials, contracts, and compliance standards.
What Should Be in a Due Diligence Report Checklist? Information on the finances of the company. ... Information about the company's employees. ... Information on the assets of the company. ... Information on partners, suppliers, and customers. ... Legal information about the company.
What is HR due diligence? HR due diligence is where the target company's HR processes and human capital are put under the microscope. The culture of the company, as well as the roles, capabilities and attitudes of its people are investigated.
Across most industries, a comprehensive due diligence report should include the company's financial data, information about business operations and procurement, and a market analysis. It may also include data about employees and payroll, taxes, intellectual property, and the board of directors.