Due Diligence Checklist: What You Need to Know | Axiom Law (2024)

What is a Due Diligence Checklist?

A due diligence checklist is a way to analyze a company that you are acquiring through a sale or merger.

In the context of an M&A transaction, “due diligence” describes a thorough and methodicalinvestigation and assessment. It scrutinizes every facet of a target company's key operations, finances, legal standing and more.The process of due diligence ensures that potential acquirers gain an accurate and complete understanding of a company. It helps evaluate a company's strengths, weaknesses, risks, and opportunities.

The creation of a due diligence checklist provides the detailed roadmap required to guide such an extensive analysis. Businesses preparing to expand their footprint through anM&A transaction should not view the due diligence checklist as a simple formality. Instead, it is a strategic imperative that can mean the difference between a successful undertaking and a costly setback. A setback can have far-reaching negative consequences for both the acquirer and its target.

So what should a comprehensive due diligence checklist cover? Let’s take a closer look at the necessary steps for conducting due diligence.

Due Diligence Checklist: What You Need to Know | Axiom Law (2024)

FAQs

Due Diligence Checklist: What You Need to Know | Axiom Law? ›

This element of due diligence examines financial aspects of the business and can include trading data, balance sheet, and the financial forecast for the company. Things to consider include but is not limited to: company accounts and statements highlighting cash flow, including profit and loss.

What should be included in a due diligence checklist? ›

2. Financial Due Diligence Documents
  • Up to date tax returns documents.
  • Audited financial statements (at least 3 years)
  • Auditor's correspondence for last five years.
  • Copies of all loans and credit agreements.
  • Details of company investments (bonds, marketable securities, etc.)
  • Capital structure.
4 days ago

What key questions need to be answered in the process of due diligence? ›

Due Diligence Checklist
  • Who owns the company?
  • What is the company's organizational structure?
  • Who are the company's shareholders? ...
  • What are the company's articles of incorporation?
  • Where is the company's certificate of good standing from the state in which the business is registered?
  • What are the company bylaws?

What information is required for due diligence? ›

This element of due diligence examines financial aspects of the business and can include trading data, balance sheet, and the financial forecast for the company. Things to consider include but is not limited to: company accounts and statements highlighting cash flow, including profit and loss.

What are the 4 P's of due diligence? ›

Intangible Factors. In addition to the four key principles of people, performance, philosophy, and process, four intangible factors can also play a role in manager selection: passion, perspective, purpose, and progress.

What are the 4 due diligence requirements? ›

The Four Due Diligence Requirements
  • Complete and Submit Form 8867. (Treas. Reg. section 1.6695-2(b)(1)) ...
  • Compute the Credits. (Treas. Reg. section 1.6695-2(b)(2)) ...
  • Knowledge. (Treas. Reg. section 1.6695-2(b)(3)) ...
  • Keep Records for Three Years.
Jan 22, 2024

What are good due diligence questions? ›

Top due diligence questions every VC firm should be asking
  • General company information.
  • Detailed company activity.
  • Contracts and commitments.
  • Competitor information.
  • Accounting and finance.
  • Asset information.
  • Employment information.
  • Risk and compliance.

What are the 3 principles of due diligence? ›

Below, we take a closer look at the three elements that comprise human rights due diligence – identify and assess, prevent and mitigate and account –, quoting from the Guiding Principles.

How do you prepare a due diligence report? ›

A due diligence report should capture these key elements. Executive summary, company overview, purpose, due diligence (financial, legal, operational, commercial, market, environmental and regulatory), insurance and risk management, growth prospects and recommendations.

What is the standard required for diligence? ›

The standard of diligence refers to the level of care, caution, and thoroughness that is expected in a particular context. It is often used in the field of human rights law to determine the actions that states should take to address various issues, such as racial discrimination and violence against women.

How to prepare a due diligence report? ›

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.

What are the 5Ps of due diligence? ›

What are 5Ps of due diligence? Due diligence offers a comprehensive framework designed on the principle of 5Ps which are prevention, protection, prosecution, punishment and provision of redress.

What is due diligence law? ›

A due diligence check involves careful investigation of the economic, legal, fiscal and financial circ*mstances of a business or individual. This covers aspects such as sales figures, shareholder structure and possible links with forms of economic crime such as corruption and tax evasion.

What is simplified due diligence? ›

Simplified due diligence is the lowest level of due diligence that can be completed on a customer. This is considered appropriate where there is little opportunity or risk of your services or customer becoming involved in money laundering or terrorist financing.

What are the 3 examples of due diligence? ›

There are many possible examples of due diligence. Some common examples include investigating the financials of a company before making an investment, researching a person's background before hiring them, or reviewing environmental impact reports before committing to a construction project.

What are the three elements of due diligence? ›

3 elements of complete due diligence
  • The reason for selling. According to Statista research, more than 11,000 mergers and acquisitions happened in 2020. ...
  • The management team. Complete background checks on the key people in the company, including shareholders and investors. ...
  • The company culture.
Jan 4, 2023

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