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Due Diligence List
Considering a transaction: joint venture, merger, acquisition, investment in a subsidiary, etc.? Before the complex process of acquiring or selling a business etc. has begun, you'll need this extensive 11-page due diligence list. Armed with this guide, you'll be able to navigate the company's valuation, price negotiated, and, as a smart buyer or seller, you ensure that the due diligence is conducted accurately. This framework will walk you through those key elements that are necessary to critically evaluate the business on the block. [Excerpt from the paper] The complex process of acquiring or selling a business has begun! The company is receiving its valuation, a price is being negotiated, and as a smart buyer or seller you recognize the due diligence must be done accurately. This framework will walk a buyer or seller through those key elements that are necessary to critically evaluate the business on the block. Some of these due diligence elements may not apply to every transaction; select those germane to your specific situation, and they will provide the ‘microscope’ you need to complete this part of the overall deal. 1 Corporate Organizational Documents 1.1 Articles of Incorporation of the Company as presently in effect. 1.2 Bylaws of the Company as presently in effect. 1.3 Minutes of directors' and shareholders' meetings of, or documents evidencing action by directors or shareholders without meeting of, the Company since the date of its organization. 1.4 Stock transfer books of the Company, and a list of all outstanding common stock certificates, preferred stock certificates (all classes), option certificates, debentures and any other outstanding securities, and the record owners of each. 1.5 Certificates of Good Standing for the Company in the relevant jurisdictions in which assets are located or operations are conducted, together with a list of jurisdictions in which the Company has offices or does business and in which the Company is legally qualified to do business as a foreign corporation. 1.6 A list of all subsidiary corporations of the Company, if any, and all corporations, partnerships, joint ventures or other entities in which the Company or any subsidiary has made any equity investment or owns any interests, directly or indirectly, together with a description of the nature of such interest. 1.7 All documentation related to the acquisition of the Company by the current shareholder(s), including, without limitation, any acquisition agreement, any other agreement entered into in connection with or pursuant to such acquisition agreement and all documentation related to the financing of the acquisition or any security therefore. Want to know more? Download the White Paper "Due Diligence List" for just $29.95. |
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