Due diligence checklists for organization
The checklist below will help you to avoid mistakes and keep in mind important points during preparation.
We recommend that you contact a lawyer or organization that supports you in closing the deal. Thus, you will stipulate this list and discuss possible amendments to make the process go smoothly.
- All documents and data indicating borrowings or loans of the company or subsidiaries. That does not include invoices payable in normal business transactions. Loan agreements, subordinated debt, senior debt loans, surplus, derivatives contracts, hedging, loan guarantees.
- Contracts or letters from a bank storing information about a confirmed credit line in favor of a company or subsidiaries.
- Data that indicate the participation of the company in any financial arrangements or the fact that subsidiaries or organizations are involved in them. This includes leasebacks, installment purchases and property acquisitions, sales, guarantees, and pacts.
- All documents, agreements and schedules relating to the acquisition by the company of all subsidiaries.
- Data about assets, namely, acquisition or disposal. The company provides information on this, covering the period of the last ten years. At the same time, it does not matter whether the company or its subsidiaries have these assets or property at the time.
- Information on encumbered property owned by a company or one of its subsidiaries also includes real estate. The company provides data on powers of attorney, mortgage loans, agreements in security matters
- All real estate contracts related to the company or any of its subsidiaries
- Activities and ownership policies in respect of any immovable property owned by the company or any subsidiary.
- Details of all leases to which the company or subsidiaries have a relationship as lessor or lessee, including rental agreements for computer equipment. This also includes data on the proposal of the company or subsidiaries about becoming a lessee or lessor.
- Partnership, joint venture, and management, advisory, operational agreements related to the company or subsidiaries
- Contracts for the supply of goods, commercial concessions, conditional sales, to which the company or subsidiaries are a party.
- Agreements concluded between the company and its twenty largest clients. Here you indicate information about the forms of agreement that the company is guided by in the delivery of goods to its customers. If there is a significant deviation from such forms, this must also be indicated by describing it. Also indicate data on material orders of the customer.
- Contracts that describe the distribution of products by a company or subsidiaries in the normal course of business.
- Contracts under which a company or subsidiaries commit themselves to refrain from competing with any other business or individual or from participating in certain business activities (territorial restrictions or others)
- Contracts concluded between companies and branches (or between subsidiaries and branches). If there is a verbal agreement, the company must provide a written description of that type of agreement.
- Agreements on participation in the capital of the company (excluding options and warrants)
- A list of contracts to which the company or subsidiary is a party, but the content of which the company is not entitled to disclose, adhering to certain conditions or being limited by a nondisclosure agreement.
- Material contracts owned by a company or subsidiaries.
