M&A Due Diligence

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M&A due diligence is a crucial process that assists acquirers in assessing the legal, financial commercial, and other aspects of the companies they want to acquire prior to finalizing an acquisition. Due diligence can be vital in ensuring a successful merger as well as identify risks or opportunities otherwise unnoticed.

While each M&A deal is unique however, there are some activities that are common to all deals. These include gathering and reviewing financial documents, assessing regulatory compliance, and assessing operational performance. Due diligence can also be conducted in specialized areas such as environmental, human resources, and intellectual property.

Due diligence can take many months and can be overwhelming for M&A teams. This is particularly true when the acquiring company must complete multiple complex tasks within a limited time frame. Time constraints can increase the risk of overlooking important risks, making quick choices, or ignoring critical red flags.

It’s important to understand that a due diligence program requires a keen attention to confidentiality. M&A teams must understand that the selling party as well as their attorneys are obligated to protect confidential and sensitive information in accordance with the conditions of the confidentiality agreement. Professional advisors are frequently required to manage the process and ensure all data is correct and pertinent.

Due to the delicate nature of the information collected during due diligence, it is essential to store and organize documents in a manner that allows them to be searched. Sorting documents alphabetically or numerically, as an example makes it easier to find the right document.

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