Due diligence checklist: investment
Legal due diligence checklist for an investment in an established business
Background
Why use a due diligence checklist?
As a starting point for its legal due diligence, an investor (or its advisers) will send a due diligence checklist to the company, comprising a series of questions and requests for information.
The company should respond to the specific questions and provide copies of relevant documents.
Depending on the answers and documents provided, the investor may have follow-up questions.
The investor is likely to require warranties in the investment documents regarding the accuracy and completeness of the answers and information provided during the due diligence process.
Care should be given in answering the requests, due to potential claims for breach of warranty and misrepresentation.
The answers and materials provided should also form the basis of the specific disclosures to be made by the company or other warrantors in the disclosure letter which will accompany the investment documents.
About this due diligence checklist
This checklist is for an investment in an established business which has a trading history.
Depending on its structure and length of trading, the company may have a considerable amount of relevant information.
The checklist requests answers and information on a wide range of matters, including:
- share capital and group structure
- contracts
- litigation and compliance
- assets
- employees
- funding
- intellectual property
- commercial property
- tax
Document features
- checklist in table form for completion by the company
- subject headings covering the main areas of interest to a potential investor in an established business
Explanatory guidance
As with all of our document templates, your purchase will include access to clear explanatory guidance on the document and its use.
Alternative Due diligence checklist and other linked documents
For a form of due diligence checklist for the investment in a start-up business, see Due diligence checklist: investment (start-up).
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