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)

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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 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 7 steps that companies must implement to demonstrate due diligence? ›

  • Step 1: Company Capitalization. ...
  • Step 2: Revenue, Margin Trends. ...
  • Step 3: Competitors and Industries. ...
  • Step 4: Valuation Multiples. ...
  • Step 5: Management and Ownership. ...
  • Step 6: Balance Sheet Exam. ...
  • Step 7: Stock Price History. ...
  • Step 8: Stock Options and Dilution.

What is the due diligence process in law? ›

The purpose of due diligence, which is usually carried out by the potential buyer, is for the buyer to obtain and review sufficient information about the target asset, business or company to form a view on those matters before committing to the purchase.

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

A few tangible principles can help guide the way, including people, performance, philosophy, and process. Four less tangible principles can also play a role in manager selection: passion, perspective, purpose, and progress.

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 I make a due diligence checklist? ›

Areas to target for scrutiny in the due diligence checklist should include:
  1. Historical Financial Statements. ...
  2. Revenue and Expense Analysis. ...
  3. Assets and Liabilities Review. ...
  4. Taxation and Tax Compliance. ...
  5. Debt and Financing Agreements. ...
  6. Working Capital Analysis. ...
  7. Financial Projections and Assumptions. ...
  8. Cash Flow Analysis.

What does due diligence checklist do? ›

A due diligence checklist is an organized way to analyze a company. The checklist will include all the areas to be analyzed, such as ownership and organization, assets and operations, the financial ratios, shareholder value, processes and policies, future growth potential, management, and human resources.

What are due diligence questions? ›

Due diligence is crucial in M&A transactions. Prior to completing the transaction, the buy-side organization must verify that the investment is sound and will likely pay off. Typically, the questions cover general company records, personnel information, financial data, current contract obligations and legal matters.

How do you conduct simplified due diligence? ›

These include:
  1. Verifying the identity of all customers.
  2. Verifying the identity of all beneficial owners (when doing business with companies)
  3. Developing customer risk profiles based on the nature and understanding of customer relationships.
  4. Continuously monitoring customer activity and transactions.

What is the enhanced due diligence checklist? ›

Enhanced Due Diligence Checklist
  • Customer Information: ...
  • Nature of Business or Activity: ...
  • Source of Funds: ...
  • Beneficial Ownership: ...
  • Transaction History and Patterns: ...
  • Geographic Risk Assessment: ...
  • Politically Exposed Persons (PEPs): ...
  • Sanctions and Watchlists:

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 is an example of due diligence in law? ›

Examples of legal due diligence are careful examination of all material contracts, including partnership agreements, licensing agreements, guarantees, and loan and bank financing agreements. Protect yourself from critical risk in your next transaction.

What is an example of diligence in law? ›

An example of due diligence in law would be a Mergers and Acquisitions department of a bank carrying out a thorough investigation of a firm that another firm would like to buy. In this instance, the bank must investigate both entities and it must be fully transparent in all of its findings.

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 are DDQ questions? ›

A due diligence questionnaire is essential when planning to acquire or merge with another company. By using a DDQ, an issuing company ensures that a target has everything in place to make a potential acquisition or merger beneficial and doesn't have anything that might put an issuing company and its operations at risk.

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