Due Diligence

Law Firm undertakes due diligence exercise of business, legal and financial affairs of corporate bodies and helps clients to assess business proposals, identify possible legal problems, thus help clients in taking informed corporate decisions.

Regardless of the situation, while entering into business contract with other company & individuals can expose an organization / company to a myriad of complex situation. Today, virtually all businesses are in some way affected by global enterprise. Law Firm understand that skilful navigation through unfamiliar situation, prospective partner, laws and regulations, treaties, customs and tariffs, bureaucracy, language barriers and unknown business practices is critical to an organization’s success in the global marketplace. Whether a business crosses one or many borders, law firm provide strategic legal advice that helps its clients seize and maximize the available opportunities while also managing and minimizing the risks.

To minimize such risks means to manage them efficiently. As a matter of our longstanding experience Law Firm’s attorney know that risk can be narrowed down to the minimum. And it really does not matter what is your company’s business, how many partners you deal with, whether you work at home or foreign markets.

The legal due diligence, is due diligence concerned with the legal matters of a company, business deal or agreement, or a financial transaction, for making it optimally safe, secure, privileged, and profitable legally and otherwise.

Discover and evaluate all legal advantages, risks, uncertainties, and pitfalls in the legal aspects of these things, are the main purpose of the legal due diligence. For example, for the acquisition purpose the legal due diligence would make a comprehensive evaluation of all possible legal risks related with the company status, assets, securities, contracts and leases, debts, intellectual property, market/commercial situations, pending and potential lawsuits, customer and distribution agreements, employment contracts, compensation arrangements and etc.

At Chaugule and associates, we provide expert legal due diligence services to individuals, companies, corporations, and organizations of the world over in the following areas. For stability, smooth mobility, dignity, desired productivity, and optimal profitability, elegant and responsible legal due diligence services by well-experienced legal experts and business-minded lawyers, are inevitable. The main and most important objectives of legal due diligence, are to gather all law related information about an individual, company, or business deal in question; to uncover and assess its/their legal strengths and weaknesses; to evaluate the risks and advantages associated with a business transaction legally; to minimize legally the possible and unexpected risks; and to make a business deal or financial transaction most safe and profitable.

THE SCOPE AND USEFULNESS OF LEGAL DUE DILIGENCE IS EXTENSIVE AND VITAL IN THE FOLLOWING AREAS :

  • Business Transactions and Deals
  • Commercial and Corporate Finance
  • In Business and Company Law Affairs
  • Mergers and Acquisitions (M & A)
  • Capital Markets and Hedge Funds
  • Private Equity
  • Information Technology Procurement
  • In Commercial Property Dealings
  • Civil and Criminal Litigations
  • Philanthropy
  • For assessment of Supplier Quality

Sub section

Due Diligence and legal audit
Legal Due Diligence is one of the means to enable the parties to finalize commercial negotiations. It is not an end in itself but is also useful for post-closing follow-up. Lawyers help client and its other advisors to understand, evaluate and respond to legal issues. A properly administered legal due diligence obviates most of these issues. Businesses should be vigilant against letting such casual or flawed attitudes impact their own processes, for an efficient Due Diligence process can save companies from making costly mistakes that may have profound consequences for the firm’s other areas and/or its corporate reputation. Ideally due diligence should start even before negotiations are underway. Another advantage, beginning the process early on could prevent long, costly effort to unwind a transaction that should never have been entered into in the first place. No statute defines the term ‘due diligence’. However, the SEBI mandates certain parties to undertake a due diligence, in the context of issuance of securities by a company.

Types of due diligence and lawyers for due diligence in India.
Due diligence may be of various types depending on the types of transactions.

  • Commercial due diligence
  • Financial due diligence
  • Legal due diligence

* When is due diligence necessary?
– Mergers and acquisitions
– During acquisitions it is recommended, to bring in notice of investor, the deficiencies and the risk which an acquisition entails.
– Not only in case of mergers and acquisitions but also in other daily business practices it is necessary.
– Licensing and collaborations
– Initial public offer
* Intellectual property transactions – This includes trademarks, patents, copyright, and technology licensing. Documentation of ownership or a license agreement for all IP is being used by the company. the IP rights has to be acquired by the company in order to carry on its operations assignments . This has to be make sure that the company is not infringing anyone else’s intellectual property rights. Legal Due Diligence is one of the means to enable the parties to finalize commercial negotiations. Lawyers help client and its other advisors to understand, evaluate and respond to legal issues. A properly administered legal due diligence removes most of these issues. The only drawback to Due Diligence investigations is that they are sometimes met with disapproval from companies.

Due diligence process
A legal Due Diligence process occurs in 3 stages. The process is done according to the need of the client. Before commencing legal team will discuss the clients expectation for the due diligence, the proposed time and any limitation on the exercise.

The firm sends a due diligence questionnaire to the target company requesting detailed information from the company and to reply to the questions within a limited timeframe, to keep in line with the investors timescale. From the information received, the firm would compile a report and make recommendation to the investor.

Identification of relevant documents :
The relevant documents from the investigating party will depend on the nature of the transaction

Review of documentation :
The party conducting Due Diligence, or its legal advisers, will be provided with access to relevant documentation for review. Confidentiality of the documents will be taken care off.

Reporting :
The final step in the Due Diligence process is the preparation of a Due Diligence report by summarizing the material reviewed and identifying the material legal issues and risks. Legaleye provides a extensive legal audit / due diligence with a view to narrow down the risk the Firm undertakes due diligence exercise of business, legal audit and thus helps clients to assess business proposals and identify possible legal problems We assist our clients in conducting an exhaustive due diligence and/ or a limited scope due diligence exercise to assess the legal position and credibility of their potential business partners, before entering into major transactions like joint ventures, mergers, acquisitions, transfer of shares, commercial lease, etc. We conduct due diligence of corporate documents, title deeds and records, capital and share holding details, credits and borrowing, tax, valuation of assets and intellectual property, filings with the ROC, etc. Some of Firm’s lawyers have conducted due diligence for various companies including land due diligence exercises. Our due diligence reports are comprehensive, integrated and present true risks and action points. Our due diligence meets the specific requirements of the industry and the transaction. We have conducted due diligence for various private and multinational companies.