Due diligence: private equity transactions

A sample due diligence checklist for use in conjunction with the acquisition of the target company or business by Newco in the context of a buyout.

The following checklist gives an overview of the types of information required and questions to be asked as part of the due diligence process on a buyout. The focus is on the acquisition aspects of the transaction. It is intended for use by the buyer and its advisers to help them gain an understanding of the structural and operational features of the Target Group and to assist in identifying the matters relevant to the transactions contemplated. The list is not exhaustive and in most cases supplemental requests for information will be necessary.

As with any due diligence exercise, it is important to settle from the outset the responsibilities of all the people involved: who will carry out due diligence, who will co-ordinate the exercise, responsibilities and reporting lines and so on. There should also be adequate communication between the due diligence team and those conducting the negotiations with the seller.

Simon Beddow, Ashurst

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