Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
Legal due diligence is a broad form of investigation into a business that includes a thorough or deep reviewing of documents and also interviewing employees of the company or business entity. A legal due diligence is said to be completed when an investor or business is interested in acquisition of a business or making investment in the business.
The whole process of legal due diligence is performed to seek information about the business in order to understand the growth and profit possibility in that business. The investigation team seeks all the important facts, and figures to know the current financial status as well as potential liabilities and profit. Once, all the data and facts related to the business are collected, organized and analyzed, one can take a calculated decision depending upon the deep analysis of facts and statistics of the business.
Legal due diligence can be further subcategorized into three parts that are;
Intellectual property due diligence
Business due diligence
Accounting due diligence
Due diligence is mainly performed for preparing for a merger, licensing, acquisition or investment or other transaction in a business.
Due diligence is performed to understand almost all of obligations related to the specific business that you want to acquire or invest in. Those obligations include;
Debts
Leases
Pending & Potential Lawsuits
Long-term agreements
Contracts
Agreements
Compensation and so on.
Based on the analysis of these aspects of a business, an informed business decision is made; either to go into a contract, acquire or invest in the business.
The main motive of the legal due diligence is to seek information about a targeted business to make an informed decision related to the acquisition of the business or investment in that business. Post collection of all the necessary facts and their analysis, the informed decision can be taken.
The main objective of Due Diligence is to determine the strong points along with figuring out the threats and weaknesses of a business so that to take a good decision about an investment, make an informed decision and develop confidence in stakeholders, etc.
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Legal Consultant with almost Fifteen Years exposure in various courts of India as a litigant and then as legal professional.