Due Diligence Services
Illinois M&A Attorney for Due Diligence
Buying a business is a big step and should not be taken lightly. Buying an existing means you also take on the history of a business so you must do your due diligence before making a decision or agreeing to the terms of the purchase agreement.
Business Due Diligence Review refers to a thorough and systematic examination of a company’s operations, financial health, legal standing, and other critical aspects. This comprehensive assessment is often conducted during mergers and acquisitions, partnerships, investments, or any business activity where a deep understanding of the target company’s affairs is necessary. Essentially, any transaction with potential financial, legal, or operational implications could benefit from a due diligence review.
A wide range of factors may be subject to review, such as financial records, contracts, regulatory compliance, intellectual property, employee relations, and any other matters that may uncover potential risks, liabilities, or opportunities of a business and allow the party conducting due diligence review to make an informed decision.
Common misconceptions about business due diligence review
There are many misconceptions about due diligence, which include:
- It is only for large transactions: People often think of due diligence reviews as only for large transactions. In fact, they are conducted on businesses of all sizes. The purpose of due diligence review is to thoroughly assess the risks and opportunities inherent in a specific business transaction, making business size irrelevant.
- It only involves legal aspects: While legal aspects are critical, due diligence involves a multidisciplinary approach. Financial analysis, industry experts, and operational specialists play a vital role in providing a holistic evaluation.
- It is not necessary for familiar industries: Even within the same or similar industries, businesses run differently from each other. Assumptions about industry norms can lead to oversight.
How Our Due Diligence Services Protect Your Business
When it comes to safeguarding your business and investment and protecting your business interests, you want to trust experienced professionals to assist you in making an informed decision. Motiva Business Law understands the challenges faced by businesses related to both producing due diligence documents and conducting due diligence reviews. The services we provide include:
- Legal diligence investigations
- Contract and lease abstracting and analysis
- Sell-side diligence documents production
- Disclosure schedules
- Corporate formation and governance
- Non-disclosure agreements (NDAs)
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Due Diligence FAQ
Due diligence is carried out by one of the transacting parties’ legal advisors. The buyer, for example in a business acquisition, will send a list of requested documents to the seller. They conduct a thorough audit of the target entity’s business affairs by requesting key documentation and information, reviewing and assessing all the evidence, and producing a report of their funding.
While most due diligence processes take about 1-3 months, it very much depends on the size of the target entity, the complexity of the transaction, industry regulations, availability of information, and how cooperative and responsive the parties involved are.
As the business owner of a target entity, to facilitate a smooth due diligence process, you should incorporate a proactive record keeping process, including organizing all business financial records, compiling all relevant contracts and agreements, and be prepared to provide that information to the inquiry party if necessary.