Being able to understand and evaluate a prospective acquisition, buyer or partner is essential to any growing company in today's challenging business environment.
Due diligence identifies issues so they can be tackled beforehand. It can help organisations establish the true value or cost of a business transaction and the right information that can contribute to how the terms of agreements are drafted. Due diligence empowers organisations to negotiate the best terms for themselves.
Ultimately, due diligence should not just be focused on compliance. It's about having confidence in who organisations do business with and developing a better understanding of their own business and industry.
Types of due diligence :
The 3 main categories of due diligence are legal, financial and commercial. Although these have traditionally been distinct, the best due diligence programmes maintain an element of close cooperation as the work in one area can often inform the checks being carried out elsewhere. Many practices now offer integrated services that brings these strands together.
Legal due diligence seeks to examine the legal basis of a transaction, for example to ensure that a target business holds or can exercise the intellectual property rights that are crucial to the future success of the company.
Other areas that would most likely be discussed include:
- The types of legal structure
- What is the due diligence to be executed in commercial contracts?
- What are the types of due diligence to perform when securing loans?
- What are the types of due diligence that needs to be executed for properties?
- What due diligence exercise need to be performed in employment ?
- If there are litigation proceedings and what needs to be done
Financial due diligence focuses on verifying the financial information provided and to assess the underlying performance of the business.
Areas to consider :
- cash flow
Commercial due diligence considers the market/environment in which a business operates, for example interaction with customers, an assessment of competitors and a fuller analysis of the assumptions that lie behind the business plan. All these are intended to determine whether the business plan withstand the realities of the market.
Other types of due diligence cover areas in taxation, pensions, IT systems and intellectual property.
Who Should Attend
Contract Manager, Engineers, Surveyors, Contract Administrators, Contractors, Subcontractors, Engineers, Architects, Consultants, Project Managers, Financial Advisors and those involved in contract work
David Shanmugam holds a Bachelor of Law degree from the University of London and Master of Business Administration degree from Victoria University. He has many years of legal experience in the private sector and is presently working in a law firm. David is also an Advocate & Solicitor of the Supreme Court of Singapore.
He regularly conducts legal seminars and workshops for senior management, directors, HR and Finance professionals on business and company laws as well as various practical legal issues facing the corporate world. His forte is in areas of corporate and commercial drafting of contracts including company matters.
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