Conducting Due Diligence

Conducting Due Diligence

Types of Due Diligence

1. Administrative DD

  • Verification of operational facilities and occupancy rates.
  • Analysis of operational costs and their inclusion in financials.
  • Provides insights into the cost impact of business expansion.

2. Financial DD

  • Review of audited financial statements for the last three years.
  • Analysis of customer accounts, profit margins, and cost structure.
  • Evaluation of debt situation, including interest rates and capital structure.

3. Asset DD

  • Detailed schedules of fixed assets and their locations.
  • Verification of real estate deeds, lease agreements, and mortgages.
  • Assessment of major capital equipment sales and purchases.

4. Human Resources DD

  • Analysis of current employee positions, vacancies, and contracts.
  • Review of salary structures, benefits, and ESOPs.
  • Examination of pending legal cases and labor disputes.

5. Environmental DD

  • Validation of environmental permits and licenses.
  • Review of disposal methods in compliance with regulations.
  • Identification of contingent liabilities or regulatory violations.

6. Taxes DD

  • Verification of tax returns and compliance for the last three to five years.
  • Review of pending audits and correspondence with tax authorities.
  • Analysis of unused tax credits or carryforwards.

7. Intellectual Property DD

  • Examination of patents, trademarks, and copyrights.
  • Assessment of pending claims related to intellectual property.
  • Review of patent applications and clearance documents.

8. Legal DD

  • Review of Memorandum and Articles of Association.
  • Analysis of material contracts and loan agreements.
  • Examination of shareholder meeting minutes for the past three years.

9. Customer DD

  • Analysis of top customers and their total purchases.
  • Review of customer service agreements and insurance coverage.
  • Examination of customer satisfaction scores over the last three years.

10. Strategic Fit

  • Assessment of technology, products, or market access gained.
  • Evaluation of synergies and integration plans for the target company.
  • Analysis of the strategic alignment with the acquirer’s business plan.
How We Conduct Due Diligence

How We Conduct Due Diligence

Our Process

1. Income Statements

  • Examination of income statements for the last 3-5 years.
  • Comparison of actual performance with projections.
  • Identification of trends in revenue and expenses.

2. Records of Accounts Receivable and Payable

  • Verification of customer payments and pending invoices.
  • Review of supplier balances for potential liabilities.
  • Analysis of the credit policies in place.

3. Balance Sheets and Tax Returns

  • Review of balance sheets for assets and liabilities.
  • Verification of tax returns and business activity statements.
  • Ensuring tax compliance over the last 3-5 years.

4. Profit and Loss Records

  • Detailed analysis of profit margins over the last 2-3 years.
  • Identification of significant expense variations.
  • Comparison with industry benchmarks.

5. Cash Deposits and Payments

  • Reconciliation of cash deposits with financial accounts.
  • Verification of cash payment records for discrepancies.
  • Analysis of cash flow sustainability.

6. Utility Accounts

  • Review of utility expenses for operational efficiency.
  • Analysis of outstanding bills and recurring payments.
  • Verification of supplier contracts and payment terms.

7. Bank Loans and Credit Lines

  • Assessment of existing loans and repayment history.
  • Review of terms for lines of credit and letters of credit.
  • Evaluation of the company’s ability to secure future funding.

8. Meeting Minutes

  • Review of directors' and management meeting minutes.
  • Analysis of key decisions affecting the business.
  • Identification of any governance issues or risks.

9. Intellectual Assets

  • Review of trademarks, patents, and intellectual property.
  • Assessment of pending intellectual property claims.
  • Verification of documentation for monetization potential.

10. Contracts and Agreements

  • Review of existing contracts with staff and clients.
  • Verification of partnership agreements and lease arrangements.
  • Assessment of termination clauses and financial impact.

11. Automated Financial Systems

  • Assessment of software reliability for financial management.
  • Verification of data accuracy and security measures.
  • Review of compatibility with industry standards.

12. Credit and Historical Searches

  • Analysis of the company’s credit history and ratings.
  • Review of past disputes or claims involving the business.
  • Verification of historical searches for undisclosed liabilities.
Warning Signs for the Investor

Warning Signs for the Investor

Important Considerations

1. Disclosure Issues

  • Lack of transparency about financial statements and licences.
  • Unwillingness to disclose staff contracts or reasons for seeking investments.
  • Potential omissions that could hide underlying issues.

2. Resistance to Due Diligence

  • Unwillingness to allow a trial period or provide adequate time for review.
  • Rushing the process raises concerns about hidden risks.
  • Reluctance to engage with suppliers or landlords is a red flag.

3. Legal and Financial Concerns

  • Involvement in ongoing legal proceedings.
  • Questionable credit records and repayment history.
  • Lack of legal and accounting advice for financial handling.

4. Business Compatibility

  • Assess alignment with your interests, experience, and capital.
  • Determine if restrictions exist from franchises or group operations.
  • Ensure the business has permissions for all activities.

5. Competition Analysis

  • Evaluate if prices are competitive and market-driven.
  • Consider if competitors are gaining strength.
  • Understand risks of price-based competition from global markets.

6. Industry Trends

  • Assess if the industry is expanding, contracting, or stable.
  • Analyze potential impacts of deregulation or increased competition.
  • Rank the business against sector competitors.

7. Supplier Relations

  • Verify continuity of supply from current suppliers.
  • Check for special conditions or unwritten agreements with suppliers.
  • Examine the business's credit rating with suppliers.

8. Location Factors

  • Assess location advantages or challenges affecting the sale.
  • Consider new developments or zoning changes nearby.
  • Evaluate impact of public works or major road developments.

9. Lease Agreements

  • Verify lease terms, conditions, and obligations.
  • Consider potential risks of landlord changes or redevelopment.
  • Review legal advice on lease agreements.

10. Staff and Employment

  • Examine staff contracts and defined remuneration packages.
  • Verify compliance with wages, insurance, and benefits obligations.
  • Ensure staff interviews are allowed pre-sale without interference.

11. Legal Obligations

  • Review lease agreements and compliance notices.
  • Assess legal proceedings or government requirements.
  • Verify the business's legal structure and associated risks.

12. Tax and Financial Records

  • Ensure full tax compliance and review capital gains implications.
  • Examine records for profitability and growth potential.
  • Project future cash flow and break-even points.

13. Sales Analysis

  • Verify reliability and breakdown of sales records.
  • Check seasonal or cyclical patterns in sales.
  • Confirm all sales figures are accurate and business-specific.

14. Expense Investigation

  • Ensure disclosure of all expenses, including compliance costs.
  • Verify adequacy of insurance coverage.
  • Watch for personal expenses added back for valuation purposes.

15. Profits and Warranties

  • Analyze profit sensitivity to sales changes and inflation.
  • Assess profit adequacy for investment risk.
  • Plan for warranty or refund commitments if applicable.
Subcontracts India