What is it?
Due Diligence - it’s a formation of an objective picture about the object, which includes risk identification, independent assessment, complete research of the firm activity, its due dil and position on the market. Such procedure, as usual, is preliminary to purchase of business, merger, or signing of a contract or co-operating. In general, it’s a system of measures aimed at a comprehensive monitoring of legality and commercial feasibility of the future deal, investment project, etc.
Independent due diligence could be carried out under groups of companies, separate companies or their assets. Due Diligence may include a comprehensive analysis and verification of various aspects of current activity of the company and based on the analysis of business processes, strategy, structure, finance and so on, and even formation of an objective picture about investments object.
«LEGAL COUNSEL GROUP» offers to provide the professional and effective legal and tax due deligance to the effect formation an objective view of existing business or diagnostic acquisition of new assets, and identifying of risks and giving general recommendations on their eliminating or mitigating.
Legal Due Diligence may consist of complex due diligence review of incorporation and other documents, agreements on its conformance to the requirement of the current legislation of Ukraine, identifying of risks and the ways on their mitigating, verification of the company activity.
Such service allows forming a list of specific actions for company resistance upturn to external and internal legal risks, among which may be:
- the risk of default by counterparty ; risk of loss the property, funds
- the risk of commencement litigations and their adverse effects
- the risk of property arrest or application of another injunctive reliefs
- the risk of nullity of a contract; the risk of recovery of penalty against property, securities
- the risk of bringing to tax, administrative and criminal liability;
- the risk of corporate conflicts (capture, acquisitions, litigation);
- the risk of non-receipt or loss of relevant permits and licenses.
After Due Diligence writes equitable and detailed report which shows conclusions based on the research findings and also points at risks and gives recommendations on their eliminating or mitigating.
Depending on the interests and needs of clients, the amount and duration of the investigation matters are different in each case.