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? ›

20 Items That Should Be on Every M&A Due Diligence Checklist
  • Financial Matters. ...
  • Technology and Intellectual Property. ...
  • Sales and Customers. ...
  • Strategic Fit With Buyer. ...
  • Material Contracts. ...
  • Managerial or Employee Problems. ...
  • Litigation. ...
  • Tax Matters.
Dec 23, 2022

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 basic requirements of due diligence? ›

Due diligence on the transaction includes the review of all matters that may affect the likelihood of timely repayment, such as information about the goods and services being financed and related contracts, and may include review of financial projections.

What does legal due diligence involve? ›

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.

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

How do you prepare due diligence? ›

Here are four steps to prepare you for the due diligence process:
  1. 1 Be honest. Get used to having honest conversations. ...
  2. 2 Record & store information from the start. ...
  3. 3 Ask questions. ...
  4. 4 Consider it as an opportunity to find the best match.

What is required for simplified due diligence? ›

If a business chooses to pursue simplified due diligence for a given customer or transaction, it must still meet the basic CDD requirements. These include: Verifying the identity of all customers. Verifying the identity of all beneficial owners (when doing business with companies)

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.

What does a due diligence include? ›

Due Diligence Meaning: Due Diligence is a process that involves risk and compliance check, conducting an investigation, review, or audit to verify facts and information about a particular subject.

What are the 3 examples of due diligence? ›

Other examples of hard due diligence activities include: Reviewing and auditing financial statements. Scrutinizing projections for future performance. Analyzing the consumer market.

What is due diligence rule? ›

Information on Complying with the Customer Due Diligence (CDD) Final Rule. The CDD Rule, which amends Bank Secrecy Act regulations, aims to improve financial transparency and prevent criminals and terrorists from misusing companies to disguise their illicit activities and launder their ill-gotten gains.

What is reasonable diligence in law? ›

(b) For purposes of this rule, “reasonable diligence” shall mean that a lawyer acts with commitment and dedication to the interests of the client and does not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.

What is diligence in law? ›

Diligence is the use of care or persistence in performing duties; thorough attention to a matter; heedfulness; assiduity. Diligence is the opposite of negligence. Due diligence is the use of reasonable care ordinarily required by the circ*mstances.

What is the legal due diligence exercise? ›

Legal due diligence is a safeguard against unforeseen legal complications and is a cornerstone of informed decision-making in business transactions. It's a complex process that requires the expertise of legal professionals most of the times to navigate effectively.

What are the 4 elements of customer due diligence? ›

Customer Due Diligence (CDD) involves four key requirements:
  • Identifying and verifying the customer's identity using reliable sources.
  • Understanding the nature of the customer's business relationship to determine expected transactions.
  • Ensuring ongoing monitoring of the customer's transactions for suspicious activities.

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.

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