Here is your first Forum » Purpose of due diligence

The overarching goal of the due diligence process is to screen the business partner and draw attention to any potential issues or risks. There are different types of due diligence, and the checks depend on each transaction.

Property check
A property check should be carried out before purchasing a property. It involves an intensive study of the public register, namely whether the property is correctly registered, whether the owner actually has the right to sell the property or whether the property is connected to other properties. In addition, this includes the identification of encumbrances and ongoing proceedings related to the property. If the property is rented or other rights of third parties, encumbrances and other registered restrictions, insolvency proceedings or tax debts are registered, the asset test must be carried out. Due diligence also includes reviewing the proposed purchase agreement and identifying risks that could affect the conclusion of the agreement, e.g. B. if the property is rented out, the rental agreement must be taken into account.

Reliability check
In case of entering into a business agreement between two companies, the due diligence process in view of a possible cooperation would include the following topics: Company records in the business register confirming the company name, legal address, officials and shareholders, Value added tax (VAT) register , verification of status as a VAT payer. The financial stability of the company can be checked with the insolvency register to determine if the company has had or has ever had financial problems such as E.g. bankruptcy, temporary cessation of business activities, tax debts.

Mergers and acquisitions
In the event of a corporate acquisition, before entering into a share purchase agreement, it would be important to assess the financial condition of the target company by assessing factors such as: earnings and cash flow quality, asset and liability quality analysis. It is important to assess the quantity and quality of staff, identify property and investigate whether there are no pending issues or proceedings related to company property; Inspection of public registers when no commercial pledges, encumbrances and legal proceedings are ongoing and could affect the company's assets in the future.