The Process of Due Diligence

A business due diligence is required when an investor is willing to invest in a company or in some cases it is done prior to the purchase of a company.

The main objective of conducting a business due diligence is to assess the overall health of the business that is to be purchased or invested in.

Process of Due diligence:

Step 1: Terms of engagement

Terms for due diligence are decided between the parties and a non- disclosure agreement is signed.

Step 2: Operational due diligence

The operational data and information of the business is gathered, measured and documented.

Step 3: Financial due diligence

The financial data and information of the business is gathered, validated and documented.

Step 4: Legal due diligence

The legal and regulatory data and information of the business is gathered, validated and documented.

Step 5: Reporting of information

The results of the business due diligence process are shared with both the parties.

Documents which are required during the due diligence process:

  • Memorandum of Association
  • Articles of Association
  • Certificate of incorporation
  • Shareholding pattern
  • Financial statements
  • Income tax returns
  • Bank statements
  • Tax Registration certificates
  • Tax payment receipts
  • Statutory registers
  • Property documents
  • Intellectual property registration or application documents
  • Utility bills
  • Employee records
  • Operational records

MCA documents which are reviewed during the business due diligence process:

Company Information

  • Date of incorporation
  • Authorized capital
  • Paid up capital
  • Date of last AGM
  • Date of last Balance-sheet
  • Status of the company

Director information

  • Directors of the company
  • Date of appointment of the directors

Charges Registered

  • Details of the secured lenders of the company
  • Amount of secured loans

Documents

  • Memorandum of Association
  • Articles of Association
  • Certificate of incorporation

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